2001-2002
THE THIRD ANNUAL REPORT OF THE OMBUDSMAN
T B H E E O L F O I B Z U E D S M A N “Truly a haven of Democracy”
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The THIRD ANNUAL
REPORT OF THE
OMBUDSMAN
Prepared for laying before the Senate of Belize and the House of Representatives pursuant to Section 28(2) of the Ombudsman Act, No. 7 of 1994
2 TABLE OF CONTENTS
ACKNOWLEDGEMENTS …………………………………..7
INTRODUCTION …………………………………..11
MAJOR CONCERNS ………………………………….13
FORMAL COMPLAINTS BY DEPARTMENT……………………….38
MAGISTRACY …………………………………..41
POLICE DEPARTMENT ………………………………….44
FAMILY COURT ………………………………….80
PRISON ………………………………….86
LABOUR DEPARTMENT ………………………………….95
LANDS DEPARTMENT …………………………………101
EDUCATION DEPARTMENT …………………………………122
HOUSING DEPARTMENT ………………………………….125
NATIONAL FIRE SERVICE ………………………………….127
BELIZE DEFENCE FORCE ………………………………….130
HEALTH DEPARTMENT ………………………………...131
INCOME TAX DEPARTMENT …………………………………133
IMMIGRATION DEPARTMENT …………………………………135
PROSECUTION DEPARTMENT …………………………………137
MINISTRY OF WORKS ………………………………….140
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TREASURY DEPARTMENT …………………………………..141
TRANSPORT DEPARTMENT …………………………………..142
SUPERVISOR OF INSURANCE ….. ……………………………...145
RECONSTRUCTION & DEVELOPMENT COOPERATION ………………………………….146
UNIVERSITY OF BELIZE …………………………………..147
BELIZE CITY COUNCIL …………………………………..148
VILLAGE COUNCILS …………………………………..152
SOCIAL SECURITY …………………………………..154
PRIVATE SECTOR …………………………………..158
OMBUDSMAN FOR BETTER GOVERNANCE……………………..159
OPEN FILES …………………………………..160
CITIZENS COMPLAIN – INFORMAL COMPLAINTS …………………………………..161
PUBLIC INTERVENTIONS …………………………………..171
CHALILLO DAM …………………………………..175
SPEAKING OF HEROES …………………………………..187
SPANISH SECTION …………………………………..190
4 Ombudsman Office 56 Regent Street Belize City, Belize Central America Tel: (02) 70985 Tel/Fax: (02) 70967 Email: [email protected] (1 April 2002)
Ref: 3/AROMB/2002
Hon. Silvia Flores President of the Senate National Assembly Belmopan
Dear Madam President,
I have the honour to present the Ombudsman Annual Report which covers the period 1 April, 2001 – 31 March, 2002.
The report is submitted in accordance with Section 28(2) of the Ombudsman Act, No 7 of 1994 which states: -
“The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.”
Respectfully,
______Paul Rodriguez (Ombudsman of Belize)
5 Ombudsman Office 56 Regent Street Belize City, Belize Central America Tel: (02) 70985 Tel/Fax: (02) 70967 Email: [email protected] (1 April 2002)
Ref 4/AROMB/2002
Hon. Elizabeth Zabaneh, O.B.E Speaker of the House of Representatives The National Assembly Belmopan
Dear Madam Speaker,
I have the honour to present the Ombudsman Annual Report which covers the period 1 April, 2001 – 31 March, 2002.
The report is submitted in accordance with Section 28(2) of the Ombudsman Act, No 7 of 1994, which states: -
“The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.”
Respectfully,
______Paul Rodriguez (Ombudsman of Belize)
6 ACKNOWLEDGEMENTS
The Ombudsman acknowledges with gratitude the encouragement and support given to his office by many public officials throughout the nation. Among these are the Chief Justice Dr. Abdulai Conteh, the Bishop of Belize and Belmopan O.P. Martin and the Chairman of the Services Commission C.B. Hyde.
Chief Justice
Tel No. 02-74387 Chief Justice's Chambers Fax No. 02-74375 Public Building, E-mail. chiefjust@btl P.O. Box 170, Belize City, BELIZE. CA
Ref: 400/2001 (3) 8th May, 2001.
Mr. Paul Rodriguez, O B E Ombudsman, Office of the Ombudsman, 56 Regent Street BELIZE CITY
Dear Mr. Rodriguez,
I write to acknowledge receipt of your Second Annual Report 2000/2001.
May I thank you for a job well done. A perusal of the Report shows that you and your officers have been tireless in carrying out the functions entrusted to you by the Ombudsman Act - No 7 of 1994.
Undoubtedly, more needs to be done in the efforts to stop and roll back mal- administration. This is vital for good governance and the welfare of the people of Belize. Your detailed Annual Report points the way forward in this regard. The necessary follow up actions and corrective measures where necessary, would complement your efforts and contribute immensely towards achieving this
All the very best wishes
Yours sincerely, ______A 0 CONTEH Chief Justice
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Bishop Martin
Bishop’s House Roman Catholic Diocese of Belize Box 616, Belize City BELIZE, CENTRAL AMERICA
July 25th, 2000
Mr. Paul Rodriguez OMBUDSMAN'S OFFICE 56 Regent Street Belize City, Belize
Dear Mr. Rodriguez,
Greetings! My gratefulness to you is long overdue; but, I do want to express my appreciation for remembering me with a copy of your first report on "The Ombudsman of Belize". It's one way of seeking justice. May your labours bring about peace in our society.
With prayerful best wishes to you and Mrs. Rodriguez, I remain
Your brother in Christ,
______Most Rev. Osmond P. Martin, D.D. Bishop of Belize City & Belmopan
8 C.B. Hyde, C.B.E
Mr. Paul Rodriguez The Ombudsman 56 Regent Street Belize City Belize
25 March 2002
Dear Ombudsman,
I should like to congratulate you on your performance during the second year of your term which is remarkable for the wide range of activities in which you have been engaged.
There can be no doubt that your appointment was well conceived as you have demonstrated your solicitousness and compassion for all those who have sought your aid in their distress and your advocacy for their just causes.
You have done more by appealing to the sense of justice, as well as charity in the hearts of our Belizean Citizens.
May you continue in your efforts to serve your fellow citizens.
Your sincerely,
C.B. Hyde, C.B.E Chairman, Services Commission
9 STAFF
OMBUDSMAN Mr. Paul Rodriguez, B.A, OBE
INVESTIGATOR Mr. Lionel Castillo J.P.
OFFICE ADMINISTRATOR Miss Sharon Flowers
ACCOUNTS (part time) Mrs. Rose Nicholas, National Assembly
TRANSLATION SERVICES A special thanks to Ms. Estrellita Chan and Mr. Raul Aguilar for their Spanish translations.
STAFF GOALS: -
1. To greet every visitor with a cheerful and caring smile.
2. To listen to every complainant as though his/her problem is the only one in the world.
3. Not to take sides between the complainant and the authority against whom the complaint is made.
4. To seek to uncover the facts and the truth in every case.
5. To improve the quality of life of everyone by contributing to an enhanced understanding of the culture of human rights.
To be fair and transparent in all that we decide and recommend.
10 INTRODUCTION
Some few weeks after being appointed Ombudsman, I was privileged to have the benefit of the services as advisor of Sir John Robertson of New Zealand. The help given by Sir John was invaluable, assisting us to set up a filing system and showing how to put in place certain procedures that have become second nature to the way we operate. However, one issue he advised about – the need to become affiliated to the worldwide body of the Ombudsman to be able to rely on its support did not really impress me at the time. Accustomed as I have been to being fairly well accepted in our country, I did not at the time realize the wisdom of his words: “It can be very lonely when you have to be independent and support only what the facts prove.”
On the night of Friday, 8 February, at the debate on the Death Penalty what Sir John had mentioned about the loneliness of the Ombudsman struck with full force. I found myself speaking against the death penalty as a panacea, to an emotionally charged audience who were convinced that hanging was the answer for curing the crime epidemic. After the presentation by the four panelists, citizen after citizen spoke out forcefully in an effort to be heard by the competent authorities to restore the death penalty.
I was very grateful that although the audience did not agree with me, they were respectful of the Ombudsman and of what I had to say. That statement is reproduced on page 28 of this third Annual Report. The opinions expressed in that paper, I believe, should be repeated as representing initiatives that Belize, as an integral part of Western Civilization, needs to promote.
First, following the belief that restoring the death penalty will strike such fear in would be killers that they will think twice and avert their minds from the evil intended, may lead us to a place where we may separate ourselves from the support of countries who regard the death penalty as barbarous and nothing but the expression of the lust for revenge.
Secondly, Belize enjoys the good opinion of people throughout the world, because it has always supported causes and issues that are morally sound.
Thirdly, fixation on the death penalty as the solution will distract the nation of Belize from undertaking social initiatives to alleviate poverty and ignorance which are fertile ground for the cultivation of criminal attitudes.
Fourthly, much energy needs to be focused by our leaders on the creation of an environment of self- discipline, especially in the public behaviour of those who hold offices of high public profile.
11 Fifth, the culture of crime will be weakened most of all by intelligent use of our human and material resources to develop a culture of respect and love for all human beings.
Sixth, the reform of the Police Force will require much dedicated energy by Government and the Minister of National Security to motivate those who are enlisted to embrace the highest standards of ethical and moral behaviour. Regular singling out of outstanding officers to be publicly honoured will be an encouragement to their fellow officers and may well serve as an important aspect of cultural enrichment by providing heroes and role models for imitation to our youth.
While peace and security are desireable features to any community of civilised people living together, other values must also become ingredients of the environment of that society. Such virtues as compassion and mercy, social justice (in its myriad expressions in which the material resources of our land are shared equitably to benefit the most disadvantaged) must become integral to our national character.
This issue will deal with the above concern of crime, but it will also focus on other important ones.
For the first time, there will be a grading of government agencies we have dealt with during the past twelve months, specifically on the quality of transparency.
The reform and re-organization of the Police Department, their work being against crime and that being a major, if not the biggest, concern of our nation, has also received a significant amount of our time during this past month; and that is reflected in the pages of this report.
An awareness campaign to enlist the cooperation of the medical and health sector and schools to combat the evils of child abuse, especially child sexual abuse, was carried out by our office by sending personalized letters to all care providers countrywide. These letters called to their attention the duty to report cases of violations against children, under penalty of a fine, imprisonment or both.
Finally, the Ombudsman has spearheaded a Fund Raising Campaign to benefit the family of the fallen hero, Corporal Fernando Rosado, who died in our country’s service on 22nd December 2001. Please honour this heroic Belizean by helping his family in a meaningful way. Please contribute to the Fund.
Signed:
Paul Rodriguez (Ombudsman)
12 MAJOR CONCERNS
THE OMBUDSMAN AND SOCIETY
In view of a steadily growing disregard for law and order, peaceableness, and a deteriorating quality of life amongst certain sectors, the Ombudsman exercised his magistracy of persuasion: -
1. To counter the growth of irreligiousness, he delivered a lecture on religion at St. John’s Junior College.
MAN: THE RELIGIOUS BEING
Lecture delivered by the Ombudsman to SJC Sixth Form
There are several themes I would like to discuss with you. The first is that man is by nature a religious being.
This idea is important to me. I grew up at a time in Belize when for the most part males regarded religion as a pastime for women. I believe the only time most ever put their feet in church was when they got married. Therefore it has been a reassuring revelation that the evidence of archaeology shows man to be religious by nature. The studies of almost all ancient cultures have resulted in the finding of religious artifacts – statues, monuments, writings that prove that man honoured and worshipped gods. Man is by nature religious and therefore needs religion.
The pyramids of the Egyptians and Mayas were actually burial tombs of mighty kings who expected to live after death in some modified state of being, perhaps akin to the existence of their gods.
This idea of life after death is important to religion, and we must come back to it later in our discussion. But, let us now proceed to another important idea – that of fate or destiny.
The ancient Greek dramatist Sophocles 2500 years ago forecasted perennial interest in the subject in his play Oedipus Rex, a classic ranking in quality with anything ever written.
13 It is the story of an ancient King and queen of Thebes. The queen gave birth to a son, who a prophet foretold would kill his father and marry his own mother. When the child was born, mother and father quickly gave it to a messenger to take to the outskirts of the city to abandon it, so it would die. However, the messenger took pity upon the child and gave him to a shepherd and his wife. They raised him until he became a man.
Now grown up he makes his way to Thebes to make his future. On his way a carriage and the servants in attendance try to push him off the road. Instead of yielding he uses his staff as a deadly weapon, killing attendants and passengers. He then goes on his way not realizing that he had killed the King.
Arrived at Thebes there is a recruitment for a replacement king going on. Anyone who can guess the answer to a riddle correctly is to be rewarded with the crown. He guesses, is correct, and becomes king. He also wins the queen, who becomes his wife. She has children for him, and they are happy in their ignorance until a plague decimates the population and Oedipus, determined to find out the cause of the plague, learns the secret of his own life.
The revelation of the true nature of their relationship drives Jocasta, the wife-mother to commit suicide and Oedipus, horrified at the thought of cohabiting with his own mother, plucks out his own eyes. A blind man, he goes off to exile, disgraced and tragic. (This play is also the source of the psychological term known as “the Oedipus Complex,” which describes an attraction that boys have for their mothers and girls for their fathers).
But Greek thinking on destiny and the nature of man did not stop there. About one hundred years later Athens produced the great philosophers Socrates, Plato and Aristotle: Aristotle, the greatest of the three, defined man as “a rational animal”. This was an entirely new conception of man, a radical departure from all previous thinking about who and what man/woman is.
I am of the opinion that your religious beliefs, among other things, will depend significantly on what you believe you are, I therefore would like to pose these questions: -
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1. Do you think you are merely a body with instincts, passions, emotions, feelings, attitudes that you have no control over?
2. Are you a unique marrying of a physical being infused by some mysterious power that enables you to think, reason, summarise, imagine, forecast, synthesize, control and choose?
Aristotle’s answer was that man is a creature, dual in nature, possessing a body and soul – a rational animal.
In accordance with our tendency to simplify matters as one grows older, I put it more simply to you. Man/woman is a being that lives in two dimensions. His touching, tasting, smelling, eating, hearing result from his physicalness and force him to keep in touch with a material dimension. His power to reason and to choose raise him to a completely different dimension. However, the wise and mature human learns to express himself as one harmonious living person in these two dimensions, that at times may seem contradictory.
I believe that it is within the context of his life in these two dimensions that the human being discovers his need for God and religion. A good deal of what he does to satisfy his physicalness is pleasureful; but he has to learn to harmonise these pleasures, or else he ends up wrecking himself and makes his life miserable. Eating is full of pleasure; but if you eat too much, you get sick, or too fat; or you kill yourself by eating what is not good for you. The same is true for all others instincts. Too much sex can also kill you. (I don’t think we need to talk about AIDS).
But, in all of his eating and drinking and relating, there is a constant, subconscious yearning for security, peace, happiness, fulfillment.
St. Augustine of Hippo, who lived almost seventeen hundred years ago, expressed this subconscious yearning as a restlessness: In his Confessions, he finally realised, what the ultimate meaning of life is, or should be, when he said: “O. Lord, you have made us for yourself, and our hearts are restless until they rest in you….”
15 Augustine of Hippo was like most of us. He was interested in having a good time, and this basically meant wine, women and song. But he realised that after the good times, there was still a hollowness at the core of his being.
For most of us, I believe, there should be a continuous effort to discover that harmony of being, a balancing of our physical needs using our good judgment to determine what is good for me not forgetting that the ”me” also includes “we”. Man/woman is a relational creature; we need to be in contact and communication with others. It is this relatedness that has made us seek shelter in caves together, build houses in communities, find greater fulfillment in building kingdoms and civilizations.
It is this instinct to relate to his highest aspirations that has caused him to fashion statues, build pyramids and temples, organize religions and develop philosophies and theologies.
I believe in God, because I have to. The very conditions of my being tell me that existence without a Supreme Being who intimately cares for me is one without purpose, without meaning. My calculated conclusion is that without God, all existence is meaningless.
In Julius Caesar after Caesar is assassinated Mark Anthony sees his corpse lying at the base of Pompey’s statue, and agonizes:
“O mighty Caesar, dost thou lie so low? Are all thy glories, conquests, triumphs, spoils sunk to this little measure?”
Later in another scene as Mark Anthony sees the corpse of the dead Caesar, he exclaims: -
“But yesterday, the word of Caesar might have stood against the world. Now lies he there, and none so poor to do him reverence….”
Caesar, actually the first in the line of the Roman emperors, had achieved mastery of the whole of the then known world, having defeated both internal and external foes. One of the few universal geniuses of the ancient world, he was a great general, a great writer and politician and statesman.
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However, in Western literature perhaps the most poignant expression of the futility of the self-centered life is contained and expressed through the character, Macbeth.
In Shakespeare’s Macbeth, Macbeth and his wife fulfill their ambition to be the most powerful people in their land by murdering a best friend, king Duncan.
But their success is bitter-sweet. One murder has to be concealed by other murders. They have to kill Banquo, another good friend, because he is suspicious of their assumption to power. Her own sense of guilt and the pressures brought on by the fear of being exposed drive her to the other side of sanity, and she takes her own life. Upon seeing her corpse, surrounded by opposing forces, threatening to end his reign, Macbeth soliloquises: -
“She should have died hereafter: There would have been a time for such a word – Tomorrow, and tomorrow, and tomorrow, Creeps in this petty pace from day to day, To the last syllable of recorded time; And all our yesterdays have lighted fools The way to dusty death. Out, out, brief candle! Life’s but a walking shadow, a poor player That struts and frets his hour upon the stage, And then is heard no more: it is a tale Told by an idiot, full of sound and fury, Signifying nothing.”
Of course, as already expressed and implied, my vision of this life is diametrically opposite to what Macbeth says above. I would express mine very simply, going back to what I learnt in primary school. In my day we used to study from what was called the Baltimore Catechism. It was a simple documentation of Christian doctrine contained in question/answer format. On page one, if I recall accurately, the first question was: “Who made you?” Answer: “God made me.” Question: “Why did God make you?” Ans: “God made me to know him, to love him, to serve him, and to be happy with him forever in heaven.”
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It is interesting how we allow our lives to seem so complicated as we grow out of childhood. We dress ourselves with the sophistication of status, education and culture. It is true blessing when we come to the realization: “Actually I am a pretty simple being. All I really, deeply want and need is to be truly loved and to love.” It is the greatest of wisdom to come to know that the more I love others, the more I am loved. Religion may help us to arrive at this place.
Finally, in conclusion, I would like to return to my reference to immortality. It is interesting that even the Jews of Christ’s day did not all have an idea of life after death. In a classic case of political maneuvering in the Acts of the Apostles the Apostle Paul succeeds in taking the heat off himself by getting the Pharisees and Sadducees to forget about him and turn on each other when he tells the Roman Governor that he is being persecuted for his belief in Christ’s resurrection. Later on Paul refers to this belief as the very foundation of Christian theology and faith.
While religion does look to the afterlife, nevertheless, it is generally accepted that religious belief and practice should affect the way believers live their lives here and now. In other words, one’s religion should impact on one’s behaviour. Recently we have seen how its influence may be so consuming that it may push persons to do even the most cruel acts in the name of God. That is not the kind of religion I espouse and recommend. The faith I embrace is one that looks to a loving God, who gives his children freedom to develop their talents for their own good and for the greater good of all.
2. Together with the Chairman of the Services Commission, Charles B. Hyde, C.B.E., the Ombudsman appealed to the Belize Council of Churches to make an advance to the Government and the Opposition to hold a Crime Summit. The summit was held at the Chateau Caribbean Hotel on 25th July 2001. Subsequently the Ombudsman submitted the following suggestions to combat crime.
18 FIGHTING CRIME
Background: Social Analysis
For the past 500 years or so, we in the Western World, including Belize, have been emphasizing the individual, forgetting that the human person is also a social being. Both in the practical world and in the realm of ideas, most of our initiatives, except in the thinking Karl Marx and Pope Leo XIII in his Encyclical Rerum Novarum, have emphasized the absoluteness of the “I”. This emphasis of the individual and his good considered as pre- eminent over the common good is at the heart of most of our problems, including crime.
When a young person, rendered dysfunctional by lack of parental support, spiritual, emotional, and physical, finds himself in a society where every good thing is regarded as being in the material and physical sphere, he will learn to do anything, anything at all, if he has some fire in his gut, to acquire material things. Lying, cheating, stealing, beating, killing will be viewed by him as necessary means to his ends. As simple as that.
Practical Long Term Initiatives
Establish a Department of Religious values, ethics and morality at University of Belize, truly interfaith. Teachers who wish to teach religion in our schools must be certified by this department, which will be truly ecumenical.
Government, whichever government, must set a long term goal of making high school education compulsory by the year 2010 (suggested).
Enforce more stringently the law regarding attendance at school by 14 year olds.
It must be humbly and sincerely admitted by government, any government, that it cannot solve every problem by itself. Peace and tranquility, good order and lawfulness are the products of a society which lives in harmony, with all its sectors aware that it must steadily and continuously be making contributions of mind, heart and will, spiritual and practical, to the common good of everyone.
However, one of Government’s chief responsibilities is the security of its citizens both external and internal. Therefore: -
The Police Department must be improved. This is a matter of urgency.
The prison Department must be reformed to change its focus from punishment to rehabilitation.
Our ideas on penology must be reexamined. Perhaps, instead of condemning a
19 youth of 18 to serve six months for smoking weed, we should assign him to street cleaning for six months and teach him the great value of cleanliness.
The Administration of our judicial system must be continuously improved so that citizens will not become frustrated and he moved to take the law into their own hands.
Both national and municipal governments must initiate practices that will gradually restore a sense of self discipline in our communities.
The Office of the Ombudsman must be made more effective in dealing with issues of good governance and responsiveness to the ordinary citizen.
The Human Rights Commission of Belize must be strengthened so that while we de-emphasize individualism and emphasize the community each citizen feels safe that he is not required to surrender his personal identity for the good of the whole. Balance, balance and more balance is the catchword for success!
Citizens must be informed that the whole community must be a part of the process to establish peace and tranquility, but the process will take time and requires patience.
Signed:
Paul Rodriguez (Ombudsman)
20 3. The Ombudsman has on various occasions maintained that the improvement of the Police Department must be a top priority in the combating of crime. Upon the request of the Police he submitted a paper suggesting ways of improvement.
Ref 610/YMOMB/2002
24 January 2002
Mrs. Yolanda Murray Superintendent of Police Police Headquarters P.O. Box 284 Belize City
Dear Mrs. Murray:
RE: COMMUNITY SUPPORT FOR THE POLICE
I am very pleased you have requested my participation in this extremely important exercise. Though I will again outline what the Police needs to do to improve the quality of service to the community, basically my thoughts on the subject are contained in the Second Annual Report of the Ombudsman, pp 24 – 29, ending with the Policeman’s Prayer, which to me speaks of what the ideal policeman should be like.
It is my considered opinion that the following initiatives should be the main focus of a reform movement within the Police Department. Reform is needed because at the very crux of the matter of poor relations Community/Police is a perception by the public that the quality of persons who now serve has been continuously declining. This may be arguable, but the administration of the department has to take these perceptions into account. They are:
1. There is no clear demarcation between the good guys and the criminals.
21 Let us determine what might be done to correct that perception, if correction is needed. That may be done by: -
1. Weeding out proven corrupt police officers. However, the process must be completely transparent with full disclosure to the Security Services Commission, the Belize Advisory Council and the Ombudsman.
2. Ensure that the work of Internal Affairs and Discipline is completely transparent with the meticulous keeping of the records of tribunals held.
3. Request the increase of penalties that may be imposed by the Commissioner of Police.
The call for community support with fall on deaf ears, if the Police do not do what is necessary to win back the confidence of the public. Let us enumerate some initiatives that may help: -
1. Every police officer of every rank must be trained to be respectful to every single person who approaches them without fear or favour. Even if that person starts out by being disrespectful, the officer of the law must keep his self-confidence and poise and remain in control of the situation.
2. Every police officer must be respectable. Such practices as drinking alcohol in public while uniformed is to be discouraged. Whenever he or she appears in public in uniform, dress and appearance must proclaim: “here is a person who is in control and whom I can trust.”
3. The use of vulgar and obscene speech is a no –no.
4. The Police, especially through its Press Officer, should be far less defensive and concede the possibility of police error while giving full assurance of thorough investigation resulting in disciplinary action. The Press Officer should never argue publicly with one who is claiming to have seen with his own eyes what he is telling. It is much better to be grateful for the information and then promise full investigation, which seeks to arrive at all the facts.
5. Every police recruit should be put through a course of police/people relations, with each recruit playing a role in a real life dramatization of how an officer of the law should deal with different given situations. There is an effective way of dealing with people of a higher station in life with confidence, without being offensive or without trying to compensate the difference by becoming arrogant. Every police officer should become so well trained in approaching different people that even an approach to the
22 Governor General, the Prime Minister and the Chief Justice would be done in a confident, respectful and effective way.
6. Generally speaking, all our officers should give the appearance of being physically fit, able to run quicker and longer than the average citizen. He should, by his posture and fitness, make those who would break the law think twice.
7. The Police Department must make the whole society know by both word and deed that it is completely committed to the development of a peaceful, law-abiding community and must demonstrate from time to time, as circumstances require, that it is capable of enforcing the law against lawless elements who would use wanton force against any member of this community, including even the humblest. To this purpose it should develop a highly trained swat team that is equipped with smoke grenades, stun guns, sharpshooters, megaphones, protective vests, tear gas that is able to effect the immobilization of dangerous, armed criminals with the minimum use of force.
8. Every police officer should be encouraged to recite his oath of office for his own benefit each day. This will remind him that he or she should never act merely to please mother or father, wife or girlfriend. His public actions must always be just and fair with a view to upholding the law without fear or favour.
9. An outstanding police officer on the public beat should be honoured every year not only by the bestowal of a piece of paper but by the gift of some material good to improve the quality of his life and that of his family.
10. The Police Band should be enlarged and improved with more elaborate uniforms. Police parades should be held on a regular basis with cheerful and snappy music that enhances the image of the police.
11. The Police should interact with schools, especially primary and high schools, officers with the best public skills going to play ball etc. with students.
12. Help should be sought from a person highly skilled in public relations to organize and orchestrate Police Week.
23 Madam, I am prepared to meet with you at your convenience should you think a personal interview to be beneficial.
Respectfully,
Paul Rodriguez (Ombudsman)
Ref ADMIN/MYOMB/2001
27 August 2001
Mr. Michael Young, Q.C. Chairman, Crime Summit Young’s Law Firm Regent Street, Belize City
Dear Mr. Young,
RE: CRIME SUMMIT
I am pleased to submit this paper as my suggestions that I believe would help us to curb and prevent crime. I have attempted to differentiate between long-term solutions and short. However, there is a definite mixing of some.
I have also attached a paper, which is an address delivered to teachers on 18 August, 2001, at St. Martin’s, at the end of their summer workshop. It represents a brief historico-philosophical analysis of why I believe Belize is where it is today, with regards to crime.
At the Crime Summit there was general agreement on three commonsensical conclusions: -
1. There is no panacea;
24 2. Crime has escalated because of a general indiscipline in society based on a false notion of freedom;
3. The war against crime must be fought on many fronts at the same time.
In this paper there will be very little, or no philosophysing (though a favourite bent of mind). My suggestions are concrete, geared to input both preventively and positively.
First Front:
I. First Front: an atmosphere of indiscipline is prevalent.
Corrective measures should include among other concrete initiatives: -
A. Public campaign to educate the nation on the duties and responsibilities of citizenship.
B. All schools start teaching the duties and responsibilities of living in a democratic society.
C. Initiate a country wide campaign that will over a long term gradually inculcate self discipline. Some concrete measures would be: -
1. Enforcement of anti-loitering law amended with penalties as follows: three warnings recorded on a receipt book, with offender given the receipt each time. Fourth offence – a fine of $5.00; 2nd: $10.00, with fine increasing each time by geometric proportion:
2. Enforcement of law against use of vulgar language in public. Enforced as above.
3. Enforcement of anti-litter law amended, with fines as above, and applied to canals, drains, all public places. Enforced as above.
4. The passage of a statutory instrument for the regulation of bicycles specially. These should include:
a) clear indication of paths to be used; b) the use of traffic signals; c) the use of reflectors, lights, bells, etc.
Enforced as above.
5. Enforcement of law or regulations about domestic pets, especially dogs.
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a) Must be on leash or enclosed place; b) Cannot be on street without a leash c) Must not be allowed on street to pass its waste. Enforced as above.
6. Passage of instrument to curb abuse of liquor: -
a) Liquor, especially beer, not to be consumed on the street or sidewalk; b) No driving with an alcoholic beverage held in one hand, or being consumed while a vehicle is being driven. Enforced as above.
7. On the busiest streets, e.g., market square Belize City, Queen Street, Belize City, between North Front St and Daley Sts, the placing of pedestrian ramps in strategic places with crossing only across these. Pedestrians crossing elsewhere informed of fines as above with warnings. Similar arrangements made by each Town Council throughout the country.
II. Second Front: Improving the performance, efficiency and reputation of the following: -
A. The Justice System must work efficiently, delivering justice to all and sundry. It involves the delivering of their best efforts by judges, prosecutors, defence councils, court bailiffs…all who are responsible for the delivery of justice to citizens.
B. Improving the performance and image of the Police.
1. Training must include courses in public relations.
2. Training must include professional and ethical standards of behaviour.
3. Every policeman must be trained to take his oath of office seriously.
4. Training must include the dramatization of situations and appropriate reactions.
5. Policemen must be returned to beat mentality, even if this is physically unfeasible at this time.
C. Public Education on the various complaints agencies: -
26 1. Labor Department.
2. Legal Aid: Should be established with an attorney paid out of public funds;
3. Human Rights Commission,
4. The Courts of the land;
5. The Contractor General;
6. The Ombudsman.
Government, the media and NGO’s must cooperate in promoting increased use of the above agencies to remove frictions and stresses among the various sectors of society and between individuals.
The Bar Association must make strenuous efforts to regulate itself and enhance its image so that citizens at large may look upon lawyers with greater trust and confidence.
Mr. Young, you yourself published an excellent article recently on the very subject of crime. I am hoping that you will include it as a submission to the Crime Summit. Also, I would like to suggest that the Report of the Crime Commission of 1991 should be revisited and summarized for easy reference of the Prime Minister and Leader of the Opposition. Allow me to list a few of them that I consider of utmost urgency:
1. In Phase II of the Recommendations F as follows: “That the educational system be reinforced and broadened in its thrust to achieve the maximum on building the character and inculcating discipline and positive outlook and attitudes in children. (Does this mean, inter alia, a sports program in every school?).
2. Phase II, E: That government, church and organizations together embark on programs to socially and economically integrate displaced youth in the society.”
3. Phase II, G: That there be community programs to strengthen the concept of the family and to educate parents on the responsibility of nurturing and rearing their children to become productive adults who enjoy a mutually positive relationship with the society. (Perhaps courses in high school, and tertiary level in parenting, family life, good citizenship. Media campaigns sponsored by Government and the media to promote these ideas).
27 Respectfully,
Paul Rodriguez (Ombudsman)
4. The Ombudsman is convinced that hanging is not a panacea and told this to a gathering of citizens at Holy Redeemer Parish Hall. The occasion was a debate on the death penalty sponsored by Love FM and featured retired Chief Justice Sir George Brown and Businessman Karl H. Menzies arguing for the death penalty and Attorney Simeon Sampson, President of the Human Rights Commission and Ombudsman Paul Rodriguez speaking against.
The statement made by the Ombudsman is produced below:-
HANGING: IS IT THE ANSWER?
I. Because when one is a student, one can afford to have a much simpler view of life, I am sorry this is not a school debate. Debates in schools usually seek to resolve questions like: is it black or white? Is a certain course of action good or bad?
However, once we step out of the halls of academia, we realize that the true canvas of reality is filled with many other colours besides white and black. Then we discover that some of the most beautiful paintings have no broad areas of pure white or solid black in them. What an awakening!
Upon deeper analysis we gradually may discover that sometimes instead of trying to simplify matters by asking which one of two alternatives, we need to search more extensively to see if “both and” are not more objectively true than “either or”.
28 What I am talking about is actually an appeal to you, this audience, and the wider listening public to take a few steps with me into the higher realms of thinking as a community. Let us become fully conscious that every single one of us is really more than just an “I”. More truly we are also a “We”.
I bring forward this time-worn piece of information that points to the relatedness of all human beings (In Spanish we would say: “Todos de la misma masa”) to highlight the truth that in the business of curbing crime, we are involved in a struggle that requires the input of everyone. Therefore let us not in the future, from now on, hear: “what will Government do about crime?” But, let me hear from now on: “what can I do about crime?” This is a very important question each one of us should ask ourselves – and answer. Every citizen, every organization, every church, every public agency, together with the Police Force and Government must seek to answer the above question.
Oh, how I wish I could touch a switch and cause the scourge of crime to disappear. Many of us, I believe, think the obeying of the orders from the high bench: “John Doe, you have been found guilty and on a day to be assigned you shall be taken to the place of execution to be hanged by your neck until you are dead; and may God have mercy on your soul!” will solve all our crime problems, especially the abominable crime of murder.
I shall not bore you with statistics which are inconclusive. Nevertheless, the argument, advanced especially by the highly developed nations of Europe, is that the death penalty does not affect the rate of murder and violent crimes. They will point to the fact that the abolition of the death penalty in many countries has been followed by fewer murders. However, the effects of unprecedented economic prosperity and an enhanced quality of life are not factored into this analysis of the
29 statistics. This is why I am not really moved by the figures that favour abolition.
There is also this curious inconsistency. Some of the same countries that are most vocal in their condemnation of the death penalty are very intolerant of others who oppose abortion. In an effort to avoid this contradiction, they advocate the definition of life to be: when a person is born; and thereby they seek to erase the personhood of the child in the womb. Interesting! Would not a consistency across the board on all issues of life be more credible and perhaps convincing?
My advocacy is not so much a condemnation of the death penalty. Following the lead of perhaps the foremost philosopher and moral theologian of our time, John Paul II, I would urge a broadening of our vistas to include a new look at the values of our society. Perhaps a critical questioning of our values, preceded of course by a frank and honest admission of what they are, would tell us something about our national community that might prove helpful in our analysis of the problem of crime and what must be done. Let us proceed to list those things that we value most: -
1. money
2. power
3. self gratification and pleasure
4. self respect
5. honour
6. integrity
Generally speaking, if the top three are your greatest values, I would say that you are probably a big part of the problem. We need money to do things; we need power for
30 somebody to have the responsibility to see that things get done. There is gratification and pleasure in eating and drinking. Other human activities need to be pleasureful. However, when these values create a compulsive drive in us where every other consideration loses its tempering influence; then we do end up with unbridled greed, self- absorbing individualism and vulgar hedonism.
If the second three values represent sentiments that are closest to our hearts and souls, there is a good chance of our graduating to a higher plane of human consciousness where one perceives that the whole is greater than any of its parts. On the plateau of greater enlightenment we will understand that both justice, and mercy are needed by the human family but that mercy is more becoming to our condition of frailty and imperfection than justice. Perhaps we may also catch a glimpse of that all consuming light that is really a fire of love. From that burning furnace of love, perhaps we may hear, quietly at first, then in an ever rising crescendo: I am love; love is the greatest. Love your neighbour as yourself.
My opponents may object: what a silly dream you are taking us through?! Don’t you see the world as it is? It is a hard, cold place where only those who are fit shall survive!
I don’t blame them for their opposition. This is what a world blinded by materialism, individualism, and selfishness sees. On the other hand, there are those who see differently. They see a figure on a mountaintop declaring: Blessed are the poor in spirit, theirs is the kingdom of heaven. Blessed are the merciful they shall obtain mercy. Blessed are the meek, they shall inherit the land.
This is the vision I lay before you: the culture of life and love. Is it realizable?
31 I believe its attainment would render this debate to be purely academic.
Ladies and gentlemen, as my friend and partner would say: I rest my case.
Signed:
Paul Rodriguez (Ombudsman)
5. Because of the increasing number of incidents of child molestation, the Ombudsman did an investigation into the behaviour of the Police into a case concluded late last year.
Ref 569/HWOMB/2002
21 February 2002
Mr. H. Williams Commissioner of Police Police Headquarters, Belmopan, Belize
RE: REGINA VS TED ARMSTRONG
Almost one month has passed since I requested a copy of the medical certificate of a second person that should have been a witness in this case. If this certificate does not exist, then I think it is incumbent on Internal Affairs and Discipline to be transparent and admit it.
Respectfully,
Paul Rodriguez (Ombudsman)
32
Ref 569/HWOMB/2002
25 January, 2002
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan, Belize
ATTENTION: INSPECTOR KEITH LINO
RE: REGINA VS TED ARMSTRONG
On Thursday, 24 January WPC Sharon Young reported to my office and was interviewed. There were two issues of concern that the Ombudsman sought to settle through questioning of the officer. The first was whether the relationship of WPC Young with the accused (then) influenced in any way her professional behaviour, especially in the light of the fact that the sister of the accused is also an officer. The officer’s answers to my questions were forthright and frank, and the Ombudsman has no evidence to prove otherwise than that she acted professionally on this score.
On the second issue whether as investigator of the case she had submitted all the evidence available my mind has still not yet been satisfied.
In my file on the case there is a statement taken by WPC Young in which the older sister of the molested child testified that she too had been molested. I have seen that statement and have a copy but have not seen any medical certificate that would verify or discredit what that child claimed. It would seem to me that a thorough professional job would have included that or at least a note stating that the time lapsed between the disclosure by the girl and the occurrence of the act would have been too long and the information received would have no value for prosecutorial purposes.
33 I have sent a copy of this letter to WPC Young, so that she may address this issue directly or through you.
Respectfully,
Paul Rodriguez (Ombudsman)
Cc. WPC Young
6. THE OFFICE ALSO SENT LETTERS TO ALL MEDICAL FACILITIES. Examples:
Letter to K.H.M.H.
Ref 599/AROMB/2002
15 January 2002
Dr. Alvaro Rosado Chief Executive Officer Karl Heusner Memorial Hospital Princess Margaret Drive Belize City, Belize
Dear Dr. Rosado:
RE: COMPULSORY REPORTING CASES OF CHILD ABUSE
I would like to call to your attention Section 4 of Regulations No 38 of 1999 as follows:
“Any person in charge and control of any public or private hospital, medical clinic or any other similar medical institution, or any physician, nurse or other medical personnel who attends a child exhibiting signs of child abuse, shall henceforth promptly and without
34 undue delay, after conducting a medical examination and treatment of the child, and on being professionally satisfied that the child seems to have suffered from Child Abuse, report such abuse in writing to the Belize Police Department or to the Department (Department of Family Services) for investigation.”
I trust this provision is being complied with by your hospital.
Respectfully,
Paul Rodriguez (Ombudsman)
SIMILAR LETTERS WERE SENT TO ALL SCHOOL MANAGERS
Ref 599/CWOMB/2002
15 January 2002
Mr. Clement Wade General Manager, Roman Catholic Public School Diocesan Building, North Front Street, Belize City Belize
Dear Mr. Wade,
RE: COMPULSORY REPORTING OF CASES OF CHILD ABUSE
I would like to call to your attention Section 4 of Regulations No 38 of 1999 as follows:
“It shall be the duty of any family member, teacher, social worker, school counselor, employee of a certified children’s institution (especially the manager thereof) school administrator, principal and deputy principal of any educational institution, dean of a college,
35 probation officer, police officer, or any other employee of the government whose daily duties entails dealing regularly with children, to promptly report orally or in writing all incidents of suspected child abuse which comes to his knowledge and/or attention to the Belize Police Department or to the Department (Department of Family Services) for investigation.”
I would like to emphasize this letter to you does not necessarily mean that you or your management has been in violation of this requirement of the law. Rather, it is intended primarily to urge you to take what reasonable measures may be necessary to ensure that those under your management are properly informed and that they comply with the law.
Respectfully,
Paul Rodriguez (Ombudsman)
In January, the Ombudsman attended a Conference held by NOPCA (National Organization for the Prevention of Child Abuse). He played an active role to assist the effort of conscientization of caregivers. Afterwards, in an effort to foster public educations his office sent a letter to every school, at every level, in every district, to encourage compliance with on the issue of reporting.
Letter:-
Ref 599/MPOMB/2002
15 January 2002
Mr. Michael Price Principal, St. Michael’s College Dolphin Street, Belize City Belize
Dear Mr. Price,
RE: COMPULSORY REPORTING OF CASES OF CHILD ABUSE
It has been brought to the attention of the Ombudsman that caregivers in certain services to children may not have been following the provision of the Families and Children (Child Abuse) Reporting Regulations, 1999 No 38 of 1999. The provision is as follows:
36
“It shall be the duty of any family member, teacher, social worker, school counselor, employee of a Certified children’s institution (especially the Manager thereof), school administrator, principal and deputy principal of any educational institution, dean of a college, probation officer, police officer, or any other employee of the government whose daily duties entails dealing regularly with children, to promptly report orally or in writing all incidents of suspected child abuse which comes to his knowledge and/or attention to the Belize Police Department or to the Department (Department of Family Services) for investigation.”
I would like to emphasize that this letter to you does not necessarily mean that you or your school have been in violation of this requirement of the law.
Respectfully,
Paul Rodriguez (Ombudsman)
37 FORMAL COMPLAINTS BY DEPARTMENTS
264 CLOSED FILES
Police Department 88 Files Lands Department 41 Files Department of Corrections 22 Files Government of Belize 2 Files Labor Department 6 Files Belize Social Security 5 Files Human Development Department 2 Files Family Court Administration 9 Files Family Services 1 File Housing & Planning Department 4 Files National Fire Service 2 Files Income Tax Department 2 Files Ministry of Health 3 Files KHMH 2 Files Ministry of Education 6 Files BDF 3 Files Immigration 3 Files Public Prosecution Office 6 Files Recondev 3 Files Supervisor of Insurance 2 Files Liquor Licensing Board 2 Files Belize Medical Council 1 File Dangriga Town Council 1 File Village Councils 4 Files Magistracy 7 Files Belize City Council 7 Files Belize City Traffic Department 2 Files Ministry of Works 2 Files Ministry of National Security 1 File An intervention 2 Files Ministry of Transport 2 Files Treasury Department 2 File University Of Belize 1 File Geology & Petroleum Department 1 File Area Representatives 2 Files
38 Nova Scotia Bank 1 File The Belize Bank 1 File Hospital Auxiliary 1 File Corozal Sports Council 1 File Universal Health Services 1 File YWCA 1 File Batty Bus Bros. 1 File ABC Bookstore 1 File Mayan King Banana Farm 1 File Belize Water System 2 Files
INFORMAL COMPLAINTS
Besides the above class of complaints, each of which is represented by a case file, there were 547 others made by phone or verbally, which are recorded in a special notebook. These cover a wide variety of citizen’s concerns.
39 FORMAL COMPLAINTS
During the past 12 months 334 formal complaints were made. Of these 264 files have been closed, the remainder 73 are still open. The closed files fall into the following categories: -
No. 1. Complaint investigated and sustained, 11 recommendation made and accepted
2. Complaint investigated and sustained, 1 recommendation not accepted and report made to the National Assembly.
3. Complaint resolved to the satisfaction 26 of both parties during the course of the investigation.
4. Complaint resolved by informal action 12 without the need for a formal investigation
5. Complaint not investigated, advice and 104 assistance given.
6. Investigation refused or discontinued 85 because of exercise of Ombudsman’s discretion in terms of Section 15.
7. Complaint investigated and not sustained. 19
8. Investigation discontinued. Special Report made to the National Assembly. 0
40 THE MAGISTRACY
The Magistracy forms part of the Judiciary of Belize. However, it is also a department of Government. Therefore, as such, its administration as opposed to its judicial functions, may be investigated by the Ombudsman. This clarification is made here for the benefit of the citizenry and not to assert any prerogative of the Ombudsman’s office, which would be unnecessary. The working relationship with the Chief Magistrate has been so productive of good services to citizens that any insistence on legal position would have been superfluous.
The cases dealt with in this report relate mostly to non-enforcement of court judgments.
41 Case No 600 - Issue: Amicus Curiae
CASE NOTE
CASE NO 600
This case concerned the protection of the rights of children involved in a custody suit between a father from one Mennonite Community and the mother from another Mennonite Community. The mother’s do not approve of litigation, regarding it as unchristian. Because the father had his lawyer, the Ombudsman intervened and appealed to the Chief Magistrate to assign an Amicus Curiae, Belize’s first ever, to protect the rights of the children.
Signed:
Paul Rodriguez (Ombudsman)
Case No 621 - Once a case is appealed, can anyone do anything to enforce the judgment of the lower court?
Ref 621/BNOMB/2002
5 February 2002
Dear Ms. N,
Thank you for your letter of 28th January, 2002. I do sincerely wish I could move some lever to get your concern settled as quickly as possible. However, because the other party has appealed; there is nothing that you or I can legally do to force Mr. H to pay you what was ordered by the inferior court.
What you can do is appeal to the Registrar General to do whatever is legally possible to have the matter placed on the calendar of the next session of the Supreme Court in the South.
Best wishes!
Respectfully,
Paul Rodriguez (Ombudsman)
43 POLICE DEPARTMENT
A better understanding of each other’s role has contributed significantly to the cooperation between the Police and the Ombudsman. As this understanding increases, the cooperation and transparency from the Police should become increasingly evident to the nation.
Both roles, that of the Police and that of the Ombudsman have the common goal of gathering facts (evidence) and showing that to someone else who judges those facts. In the case of the Police, they take the results of their investigations to the courts to present them to judges. They then decide who is right and who wrong, and render justice.
In the case of the Ombudsman, he investigates and judges the facts. However, there is this check on him. He has no power to act on his own. He must convince the Principal Officer (the Minister, Chief Executive Officer, or Head of Department) to follow his recommendation because it is based on true facts and represents the right thing to do.
The Police still have a measure of difficulty with being transparent, perhaps because they perceive it as an obstacle to their work of providing security to the nation. However, with more frequent interaction resulting in better understanding, both Police and Ombudsman may realize that their roles should result in a better quality of life for all who call Belize home.
As Police transparency increases, community confidence in them will increase.
44 Case No 358 Issue: Complaints to the Ombudsman must be made in good faith.
Ref 358/EHOMB/2000
Mr. Earl Henry Ysaguirre Boulevard Hattieville, Belize District Belize
26 October, 2000
Dear Mr. Henry,
RE: COMPLAINT AGAINST CPL. CASEY
On Monday, 16 October 2000, you complained to me about Cpl. Casey and how he arrested you and six of your friends. The Ombudsman interviewed Cpl. Casey on 17 October, 2000. As a follow up to my interview with him, I checked with his superior officer in Belize City, Inspector Galvez. The Inspector informed me that the order to get you and your friends off the streets came from him; and he had to act, because he had been getting repeated complaints about you and your friends. The complaints included the report that one of you has been lying on the street to block the passage of a specific vehicle.
Mr. Henry, I would like to clarify this point for you and your friends. As Ombudsman I have taken an oath to defend your human rights.
However, this promise includes all the citizens of the country of Belize, including the Police. My duty therefore is not only to defend your right to live in peace, but the right of everyone to do the same. Therefore, I cannot obstruct the Police in the proper execution of their duty, when they are acting in accordance with the Law. I would like to emphasize:
NO ONE HAS THE LEGAL AUTHORITY to hinder the Police in the proper execution of their duty. It is only when the Police act beyond the authority of the law that the Ombudsman may recommend they be disciplined.
I have therefore closed your case, because I cannot sustain the complaint.
Respectfully
Paul Rodriguez (Ombudsman)
45
CASE NO 492 ISSUE: OMBUDSMAN CANNOT TAKE OVER POLICE DUTIES
Letter 15 June:
Ref 492/MBOMB/2001
15 June 2001
Dear Mr. B,
I have received your letter of 17 May, 2001, soliciting the assistance of the Ombudsman. A lady has also complained to me about her vehicle being stolen, one that is a newer version of the same make as yours – a Ford Mercury Tracer.
About a month ago I was playing cards at a friend’s house on Saturday afternoon, when he received a call from his sister in law that her vehicle, parked near Malic’s, had been stolen.
Who stole whose vehicle is a question the police must investigate. To make an effort to ensure that the Police do their job is part of our mandate, but not to take over their duties.
Respectfully,
Paul Rodriguez (Ombudsman)
46 Case No 492 Issue: This case concerns a complaint from a man who was a suspect in a car theft, a Ford Mercury Tracer.
CASE NOTE
CASE NO 492
On a Saturday afternoon a lady parked her sister’s car and went into a supermarket to shop. When she came back, her sister’s car was missing; but an older model of the same make was left behind. Right away she drove the older car to the Queen Street Police Station, and reported the theft.
Some days later a dispute between the suspect and his girlfriend, the daughter of a sergeant of police resulted in his arrest. When his vehicle was checked, it was found that it had on parts from the stolen Ford Mercury Tracer.
The Police charged him with the theft of that car.
Signed:
Paul Rodriguez (Ombudsman)
47 CASE NO 317 ISSUE: DO POLICEMEN OVER- REACT BECAUSE OF UNDUE INFLUENCE.
Letter of 24 August
Ref 317/AKOMB/2000
Dear Sir:
COMPLAINT, MS. N: UNJUSTIFIED ARREST
On Monday 19 August, Ms. N, made a complaint to me. I am enclosing a copy of the complete statement she made, exactly as she told me. Please take note that I have listened to her side of the story, just as I need to listen to the Police side with an open mind.
Arising out of this statement, I need to ask the following questions, presuming that what I was told be true: -
1. Apart from the word of one of the women fighting, what other cause (s) was there for detaining or arresting the complainant, Ms. N?
Rule 2 of the Judges Rules p.1. explicitly states that “whenever a police officer has arrested or detained a person he should promptly inform the person of the reasons for his arrest and detention…”
Kindly note Ms. N’s assertion: “They still have not told me why they wanted me at the station.”
2. Ms. N claims that she told the officers “I would not go, unless a woman police came.”
Comment: It was entirely reasonable for Ms. N to make that objection. She is a young woman asked to ride with 2 police officers from 5 ½ miles from town. Being a woman she did not trust riding alone with two males.
Question: Why is it that the officers did not request she come right away on her own with whomever she chose to accompany her? After all, was she wanted for any grave crime? Does she have a criminal record?
48 3. Ms. N says: “I knew I had to go, so I was going, but then the policeman grabbed me by the arm and started dragging me. I tried to free myself and one of them got mad and pushed me down. I was holding my 3 years old daughter and she fell with me…”
Comment: If what the lady is saying is true, proper police public relations and professional behaviour would have avoided the whole of this.
4. Ms. N says: “When I got up I saw the other police pull out his gun two times.”
Question: What is standard procedure for the use of firearms? Are the police supposed to pull out a gun in such circumstances?
5. Ms. N says: “While talking to one of the officers, one of the WPC told me to shut up or she would lock me down.”
Comment: I need to have this arbitrary, dictatorial behaviour of this WPC explained. I do not understand it.
6. Ms. N says: “Four or five policemen were watching and did nothing.”
Comment: This refers to a struggle between the WPC and Ms. N.
Question: Is this standard procedure in your station for your officers to see two women struggling and not intervene.
Six different charges were placed on Ms. N. According to her story, all the result of police mismanagement of an investigation of a fight between two other women. This matter makes me wonder what power the woman, who accused Ms. N of being involved in the fight, has over the arresting officers.
By the way, out of this also arose two charges against Ms. N’s brothers for obstruction of Justice. They have been charged $300.00 each.
I do think, Sir, that this episode requires a complete and honest explanation.
Respectfully
Paul Rodriguez (Ombudsman) c. Commissioner of Police c. Chief Magistrate, Herbert Lord c. Cabinet Secretary, Robert Leslie
49
POLICE DEPARTMENT CONT’D
CASE NO 406 ISSUE: AN INTERVENTION FOR MERCY
CASE NOTE
CASE NO 406
Acting Upon the belief that the Police were about to charge the father of seven (7) children, who perished in a fire at Belama; the Ombudsman requested from a former employer of the man an affidavit concerning his competence. Both the Bishop of Belize, Bishop O.P. Martin and Monsignor Wright thought that being mentally handicapped, the father of the children should not be held responsible for not attempting a rescue.
Signed:
Paul Rodriguez (Ombudsman)
CASE NO 531 ISSUE: GENUINE MISTAKE OR OBFUSCATION?
CASE NOTE CASE NO 531
This case concerns a traffic accident in which Ms. A suffered fracture of the tibia due to the negligence of the driver, the brother of a policeman.
It is of note that in the Police Report it was stated that the vehicle was insured with an Insurance Company. However, investigation by the Ombudsman Investigator showed that the insurers were ICB. Honest mistake or deliberate obfuscation?
50 The Ombudsman closed the case after the complainant was paid by the insurers – ICB.
Signed:
Paul Rodriguez (Ombudsman)
CASE NO 391 ISSUE: HE WHO ACCUSES MUST PROVE
Letter of 1 March, 2002
Ref 391/TAOMB/2002
1 March 2002
Dear Mr. A,
The Police Internal Affairs and Discipline investigated your case of alleged police brutality. Unfortunately the only witness named by you refused to cooperate with the investigator.
However, I saw your wounds and can confidently state that you must have been beaten by someone. Whether it was by the Police in the lawful execution of their duty, if you obstructed them, is a question we still cannot answer; and therefore we have closed the file.
Thank you for having used our services.
Respectfully,
Paul Rodriguez (Ombudsman)
51 CASE NO 553 ISSUE: POLICE COMPETENCE TO HOLD PRIVATE GOODS AS EVIDENCE
Letter 22 February
Ref 553/GDOMB/2002
22 February 2002
Dear Mr. D:
RE: JEWELRY BEING HELD BY POLICE
In October last year you reported that a number of pieces of jewelry stolen from you and Mrs. L were in the possession of the Police. As I told you then, the Police always hold on to stolen items as evidence for the case. Do you know if the case has been heard?
Please get in touch at your earliest convenience.
Respectfully,
Paul Rodriguez (Ombudsman)
Dear Mr. Paul Rodriguez,
Reference your letter #553/HWOMB which was not received. Please be informed that Mr. D’s properties were returned to him by Officer Commanding, Crimes Investigation Branch on October 30th 2001.
Respectfully,
Keith Lino (Commander, Internal Affairs)
52 CASE NO 326 ISSUE: CRIMINAL ACT BY A POLICE OFFICER? Fax
To: Commissioner of Police From: Paul Rodriguez (Ombudsman)
Attention: Inspector Keith Lino
Fax: (02) 31299 Date: February 20, 2017
Phone: (02)72659, 73206 Pages: 2 (including the cover page)
Re: CASE NO 326 EDUARDO BOCAB, SAN CC:
PEDRO
Urgent For Review Please Comment Please Reply Please Recycle
Dear Sir: Ref 326.CPOMB/2000
The case of Eduardo Bocab shot twice by a policeman in San Pedro, August 26- 27, needs to be thoroughly investigated. The statement I got from him is part of this fax.
Respectfully
Paul Rodriguez (Ombudsman)
53 Letter 27 February, 2002
Dear Mr. Paul:
Reference your letter #326/HWOMB which was received. Please be informed that an Investigation was conducted into the shooting which was a criminal matter. This case eventually could not be proceeded with as Mr. Bacab chose not to co-operate with the investigation. Police Constable Briceno was placed on interdiction, which was lifted after Bocab non-support.
The case is now closed.
Respectfully,
Keith Lino, Insp. (Commander, Internal Affairs)
Case No 443 Issue: The Police Department is responsible for property taken away from accused persons
Ref 443/HWOMB/2001
8 May 2001
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan, Belize
Dear Commissioner:
REPORT AND RECOMMENDATION – MISSING FUNDS STEVEN ARCEO
Background
On 20 February, 2001, the Magistrate’s Court in San Pedro, A.C. dismissed a case of drug trafficking against Mr. Steven Arceo. The Magistrate also ordered that the sum of two thousand, one hundred and six dollars and fourteen cents (BZ$2,106.14) taken from him at the time of arrest be returned to him. When
54 attorney at law Marilyn Williams went with Mr. Arceo to get back his money; it could not be returned, because it was missing.
Recommendation
This matter of the return of this money is a judgment of a court. Therefore it is incomprehensible that this should not have been done immediately. If the money is missing, then the officer in charge and his men are responsible for putting it back.
If the order of the magistrate is not obeyed within ten (10) working days the Ombudsman shall have to report this matter to the National Assembly, in accordance with Section 21 (2) of the Ombudsman Act, No 7, 1994,
Which states: -
“Where the Ombudsman has made a recommendation under subsection (1), and within the time specified or a reasonable time thereafter, he is of the opinion that no adequate action has been taken in pursuance of his recommendation, he shall lay before the National Assembly a special report on the case.”
Respectfully,
Paul Rodriguez (Ombudsman)
Police Memorandum 7, May 2001
MY REF: 189/2001 (111)
FROM: Commissioner of Police
TO: Accountant General, Treasury Building, Belize City Thru’ Chief Executive Officer, Ministry of National Security
SUBJECT: DEDUCTION OF MONIES RE EX-CPL. 462 MELBOURNE ALVAREZ
7 May, 2001
Please be informed that Ex-Cpl. Of Police No. 462 Melbourne Alvarez who has resigned from the Belize Police Department is indebted to the Government of Belize in the sum of Two Thousand One Hundred and Six Dollars and Fourteen
55 Cents ($2,106.14).
In this regard, I am requesting that the sum of $2,106.14 be withheld from the benefits due to Mr. Alvarez and be made payable to the Government of Belize.
The Personal file of Cpl. Alvarez has already been forward to the Ministry for Onward transmission to the Accountant General.
(E.L. Wade, Supt.) for Commissioner of Police
Letter of May 15, 2001
Dear Mr. Rodriguez
Please be informed that I have received the following corresponding letters from you:
(1) 424/HWOMB/2001 dated 12/3/2001 with report Mrs. Anderson. (2) GF/HWOMB/2001 dated 4/4/2001 with the subject Portable Ammunition Factory. (3) 433/HWOMB/2001 dated 9/4/2001 with subject the Daniel Tillett case. (4) 449/HWOMB/2001 dated 24/4/2001 with a report from Kenneth Goodin. (5) 450/HWOMB/2001 dated 26/4/2001 with subject murder case, Froylon Perez – Guinea Grass. (6) 455/HWOMB/2001 dated 30/4/2001 concerning Allan Orellana. (7) 443/HWOMB/2001 dated 8/5/2001 subject – missing funds Steven Arceo. (8) 403/CWOMB/2001 dated 7/5/2001 with subject – Traffic case D. Longsworth vs. Hassan Diab.
Be informed that all these matters will be investigated and dealt with. Likewise all matters to my subordinate must be forwarded to Police Headquarters before Channel to the respective district/formation as in the #8 matter.
Keith Lino AIP Commander, Internal Affairs For Commissioner of Police
56
Ref 443/HWOMB/2001
13 November 2001
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan, Belize
Dear Commissioner:
RE: MISSING FUNDS STEVEN ARCEO
On May 22nd,2001 the Ombudsman wrote you a letter expressing gratification that the Police had accepted responsibility for the return of money that belonged to Mr. Steven Arceo that the Police had taken as evidence. Upon the dismissal of the case the magistrate had ordered the Police to return the money to Mr. Arceo.
On Monday, 12 November I received a call from Mr. Arceo that he had not yet received his money back. It is perfectly clear to every law abiding citizen that since Cpl. Melbourne Alvarez acted as an agent of the Police Department, the department is responsible for his actions.
The position of the Department has been represented by Inspector Keith Lino who has informed the Ombudsman that Mr. Arceo will get his money back when the processing of Mr. Alvarez’s gratuity is completed.
Bearing in mind that the return of his money to Mr. Arceo was an order from our Court of law, I find it difficult to believe that the Police Department, the institution mandated to uphold law and order, should not have immediately returned his money.
Respectfully,
Paul Rodriguez (Ombudsman)
Cc Chief Justice of Belize Minister Max Samuels Chairman, Security Services Commission
57
Case No 364 Issue: Police Abuse of authority
CASE NOTE
CASE NO 364
When the Pastor of Jesus Christ Church in Corozal complained of harassment by the Police, the Ombudsman informed Police Internal and Discipline Affairs Department that the officers allegedly involved should be disciplined.
A year later the Ombudsman was informed that one of the officers was fined $100.00. The case file was then closed.
Signed:
Paul Rodriguez (Ombudsman)
Case No 526 Issue: Police authority to withhold private property.
CASE NOTE
CASE NO 526
After a passage of 2 months since his vehicle was impounded by the Police, Mr. H. sought the help of the Ombudsman to recover it.
Initially, the Officer in charge explained that the vehicle was needed as evidence in a robbery case, and the Ombudsman agreed that this was sufficient grounds for the Police to keep the vehicle. However, when the complainant returned and informed the Ombudsman that no charge had been made against anyone, the Ombudsman again discussed the matter with the Police.
The Police agreed that because there was no charge against anyone, the vehicle would be released.
Signed:
Paul Rodriguez (Ombudsman)
58 Case No 378 Issue: Police brutality or a taste of his own medicine?
Letter of 29 Nov 2000
Ref 378/HWOMB/2000
29 November 2000
Dear Commissioner:
RE: ALLEGED BRUTALISING OF MR. D, OF A ORANGE WALK ADDRESS
I am enclosing to you a letter of complaint by Mr. D, 17 years old, and a statement by his mother, concerning as incident that occurred at the Orange Walk Police Station on Saturday, 25 November 2000.
Noteworthy is the claim that the Police Officers themselves did not do the violence but encouraged inmates of the cell to do it while a police officer, who was in charge, did nothing to stop the unjustified violence against Mr. D.
Also, when the young man spoke to me today, his left eye was still “black and blue”.
Respectfully,
Paul Rodriguez (Ombudsman)
Letter of 26 September, 2001
Dear Mr. Paul Rodriguez:
I make reference to your letter #378/HWOMB/2000 dated 26th November 2000 with the subject “Alleged Brutalizing of Mr. D of a Orange Walk address and my response #45/A/2000(117) dated December 13th 2000.
Please be informed that the investigation have concluded, which did not show any wrongdoing on the part of the Police. The investigation has shown that Mr.
59 D was under the influence of alcohol and assaulted a prisoner when the incident occurred.
The investigation is now closed.
Respectfully,
Keith Lino (Commander, Internal Affairs) For Commissioner of Police
Ref 378/DAOMB/2001
16 October 2001
Dear Mr. D:
I am enclosing a copy of a letter from the Police, which is self-explanatory.
Unless you can produce reliable eyewitnesses to disprove the contentions of the Police, there is nothing else that we can do.
Thank you for using the services of the Ombudsman.
Respectfully,
Paul Rodriguez (Ombudsman)
60 Case No 432 Issue: In cases where police suspects may be Deemed to be in danger, the Ombudsman may act to protect that person.
CASE NOTE
CASE NO 432
For the protection of the subject of this complaint, who had been accused by the Police of breaking into one of their exhibits room, the Ombudsman sought to get a statement from him. When he refused a decision was made to discontinue the investigation.
Signed:
Paul Rodriguez (Ombudsman)
61 Case No 500 Issue: Is it a matter of national security when the Ombudsman reacts to an initiative made public by the Police themselves?
Letter 26 June, 2001
Ref 500/HWOMB/2001
26 June 2001
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan, Belize
Dear Commissioner:
RE: PORTABLE AMMUNITION FACTORY
It is surprising to me that in reply to a letter merely asking for information that the public is entitled to, the Police Department should now claim immunity from investigation. However, if this matter were a matter of national security, why did the Police issue a news release on 24 September, 1999, which was carried by the television stations, the radio and newspapers?
Furthermore, if you continue reading the Ombudsman Act, at Section 19 the Ombudsman is instructed when he should cease to enquire for any document or information. This restriction is communicated to the Ombudsman by the Cabinet Secretary on being directed by the Cabinet.
I fail to see how anyone can claim that this matter is one that involves national security, seeing that the Police themselves broke the news, out of which the nation have a right to require certain information.
Therefore, the Ombudsman still requires the information. Who was arrested and charged?
Respectfully
Paul Rodriguez (Ombudsman)
62
Case No 457 Issue: Attempting to use the Ombudsman as a shield.
CASE NOTE
CASE NO 457
Our investigation revealed this complainant was held in custody for child molestation, but no charges were yet pressed by the police. He was trying to use the Ombudsman’s office to protect him against the police. The Ombudsman therefore discontinued the investigation.
Signed:
Paul Rodriguez (Ombudsman)
Case No 376 Issue: Should policemen double as security guards in private establishments?
CASE NOTE
CASE NO 376
This case involved allegations made by a customer of Rose Garden. Although he may have been telling the truth when he claimed the two (2) policemen who were acting as security beat him up for attacking one of the ladies with a knife, he had no further proof but his own words. He asserted that when he was finished his business with her, she gave him a knife to protect himself against two would be attackers.
The Ombudsman therefore dropped the investigation.
Signed:
Paul Rodriguez (Ombudsman)
63 Case No 466 Issue: More stringent enforcement of liquor law.
Letter 15 May 2001
Ref 466/HWOMB/2001
15 May 2001
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan, Belize
Dear Commissioner:
RE: ALLEGED ASSAULT AGAINST DAVID ZABANEH BY GURKHA SOLDIERS
On Thursday night David Zabaneh Jr. was allegedly assaulted by Gurkha soldiers at the Rose Garden, Ladyville, Northern Highway. The Ombudsman would like to know what a minor going to high school was doing at Raul’s Rose Garden. Is there not a regulation in our laws to forbid entry to such places by persons of less than eighteen (18) years of age? Why is it not being enforced at the Rose Garden?
Respectfully,
Paul Rodriguez (Ombudsman)
Letter 14 June, 2001
Dear Ombudsman,
Alleged Assault Against David Zabaneh By Gurkha Soldiers
Reference your 466/HWOMB/2001 dated 14th May 2001.
The question you asked in the second sentence of your letter is one which has been echoed by thousands of concerned citizens across this country. However,
64 your final question seems to change the tenor of your letter from genuine concern to that of pointing of an accusatory finger at the Police.
Please be informed that the Intoxicating Liquor Licensing Act is being enforced but at the same time I haste to add that it is beyond rational expectations for the police to be at every liquor establishment to prevent calamities of this kind.
The total disregard for authority displayed by the majority of our young people, particularly by those of the more affluent in our society will increase the incidents of this nature.
Parental responsibilities and the need to demand for their offspring’s accountability, cannot be replaced by transference of blame to the Police Department.
This is a most regrettable occurrence but it is hoped that it will send a message to parents both in the higher and lower strata of society.
Respectfully,
(H.G. Williams) Commissioner of Police
65 Ref 466/HWOMB/2001
20 June 2001
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan, Belize
Dear Commissioner,
RE: DAVID ZABENEH CASE
I certainly agree with you that it is unfair to blame incidents as this one only on the Police. It may even be unfair to condemn the parents, accusing them of not doing their duty as responsible parents.
The point I wished to make in my letter to you, is this:
I understand the security guard at Rose Garden has been a policeman. If he is being provided with certain benefits by the Rose Garden, how can he be expected to uphold the law about serving liquor to minors?
Unless the law has been changed, I believe the Police is one of the agencies that may object to the granting of a liquor licence to any establishment that does not strictly observe the rules of the law.
The main concern of the Ombudsman is to request that those charged with the proper administration of liquor licenses do so, and by so doing hopefully forestall similar unfortunate incidents in the future.
Respectfully,
Paul Rodriguez (Ombudsman)
66 Case No 562 Issue: In certain matters, for example, concerning the violent death of a person the Police need to safeguard confidentiality.
CASE NOTE
CASE NO 562
This complaint concerned the shooting death of Brenton Sabal of Dangriga, Stann Creek District.
After receiving a letter from the Police dealing with the issues pertinent to the case, and being in possession of no information which proved any breach of police procedures, the Ombudsman decided to close this file. However, should any credible information come to his knowledge, he would re-open the case.
Signed:
Paul Rodriguez (Ombudsman)
Letter 29 October, 2001
Dear Mr. Rodriguez:
Reference your 562/HWOMB/2001 dated 23 October 2001 re- shooting death of Brenton Sabal.
Let me assure you that the necessary Police investigations are currently being conducted into this unfortunate incident in the form of a criminal investigation to verify whether any person(s) is criminally responsible for the death of Brenton Sabal. This file will be forwarded to the Director of Public Prosecutions for his advice as is required by law.
Besides, the Internal Affairs Division of the Police Department is also conducting investigations into this matter to see whether there is any breach of Police procedures as it relates to the conduct of the operations and the guidelines for using a Police firearm when acting in the execution of duty.
Whilst this Department will not condone or encourage abuse of power or authority by its members, there is need for us to be sensitive on the release of
67 information either to the family or members of the public on matters of this nature, especially when investigation is still ongoing.
Finally, while we sympathize with the family members on the death of their loved one, the findings of this investigation will be released to them after the Director of Public Prosecutions has reviewed the file and his advice given. Doing so before, could prejudice the investigation and/or any intended Court proceedings.
Respectfully,
(E.L. WADE, SUPT.) for Commissioner of Police cc. Commander, Internal Affairs & Discipline OC Dangriga
Case No 571 Issue: Do Police traffic cases seek compensation for damages? Letter:
Ref 571/EGOMB/2002
18 February 2002
Mrs. Elsie Garcia 37 Santa Barbara Street Lake Independence, Belize City Belize
Dear Mrs. Garcia:
RE: COMPLAINT VS LINCOLN JONES
The case against P.C. Lincoln Jones went to court and he was fined on three counts. In these cases the Police charges do not cover compensation for damages. To recover the cost of damages, you have to take out a civil suit. If you need help to do this, please contact us.
Best wishes!
Respectfully,
Paul Rodriguez (Ombudsman)
68 Dear Sir:
I make reference to your letter 571/HWOMB/2001 dated 30th October 2001 with the subject “Lincoln Jones involved in accident, driving unlicensed, uninsured vehicle” and my memo 45/A/2001(100) Vol. II dated November 7th 2001, which was a response that the matter is under investigation.
Please be informed that my findings are as follows:-
(1) PC #85 Lincoln Jones was charged for used motor vehicle not covered by Third Party risk insurance. (2) Used an unlicensed motor vehicle (3) Drove without due care and attention
On November 5th 2001 PC Jones appeared in Magistrate Court, Belize City where the case concluded, and he was fined $150, $50 and $25 respectively for the above charge.
Respectfully,
(Keith Lino, Insp.) Commander, Internal Affairs For Commissioner of Police
69 Case No 506 Issue: Are the Police a bit careless about traffic cases?
Letter 3 July
Ref 506/HWOMB/2001
3 July 2001
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan, Belize
Dear commissioner:
RE: TRAFFIC ACCIDENT, 9 JANUARY 2001 BELIZE CITY
On Tuesday, 9 January, 2001, while on his way to school Douglas Leslie Jr., 13, student of St. John’s College was knocked down at about 8 a.m.
The officer reportedly in charge of the investigation is PC. Bryan Young.
On Friday, 22 June, 2001, Mrs. Arzl Leslie allegedly visited the Police Station on Racoon St. Belize City. Sgt. Williams was present and also the officer in charge of the case – Bryan Young. Mrs. Leslie claims that when questioned about the case by Sgt. Williams, PC Young answered that the file was at home.
Commissioner, I think PC Young needs to lay a charge against the driver – as soon as possible.
Respectfully,
Paul Rodriguez (Ombudsman)
70 18 July 2001
Dear Mr. Paul Rodriguez:
I make reference to your letter 506/HWOMB/2001 dated 3rd July 2001. Please be informed that Mr. Gaspar Gonzalez has appeared in Magistrate Court on July 6th 2001 on charges for (i) driving without due care and attention (ii) failed to report the accident and (iii) negligent harm and pleaded not guilty for all charges. The case is adjourned to August 22nd 2001.
Respectfully,
(Keith Lino AIP) Commander, Internal Affairs For Commissioner of Police
Ref 506/ALOMB/2001
24 July 2001
Mrs. Arzl Leslie 5892 2nd Avenue, Buttonwood Bay, Belize City, Belize
Dear Mrs. Leslie,
I am enclosing a copy of a letter from the Police Department, which is self- explanatory.
Perhaps you may want to talk to a lawyer to make sure that the interests of your son are properly protected in court.
Thanks for having referred this matter to us for us to insist that the driver be charged and the matter go to court.
Respectfully,
Paul Rodriguez (Ombudsman)
71 Case No 523 Issue: Presumption of innocence violated?
CASE NOTE
CASE NO 523
Ms. R complained that her son had been accused of stealing cash from the Esso Gas Station Pound Yard, part of the proceeds from fuel sales during his period of attendance at the pumps. Her son went to court and pleaded guilty, on the advice of the Police.
To satisfy himself that the presumption of his innocence was not violated by the police prosecution, the Ombudsman undertook an investigation, with the view in mind of requesting a Judicial Review by the Chief Justice, if this proved necessary. It was not. The police file on the case showed that their investigation included a checking of the pump meter readings before and upon conclusion of his attendance, when money was found missing.
The Ombudsman therefore concluded the investigation and closed the file.
Signed:
Paul Rodriguez (Ombudsman)
Case No 594 Issue: Wrongful arrest or aiding and abetting?
Letter
Ref 594/RMOMB/2001
2 January 2002
Dear Mr. O,
RE: COMPLAINT VS POLICE FOR WRONGFUL ARREST
I regret to inform you that based on the information you gave me in my office today, and on other information the Ombudsman has obtained elsewhere, he
72 cannot agree that the Police have violated any of your rights. On the contrary, although you appeared to want to help the Police in an investigation, certain actions of yours could have been reasonably interpreted as aiding and abetting instead. For instance, instead of delivering your grandson directly to the Police upon arrival in Belize, you took him to your home. Also, the fact that you did not deliver him up in Belmopan could reasonably be regarded with some degree of suspicion.
Therefore after considering all the facts, I must refuse to investigate this matter any further.
Respectfully,
Paul Rodriguez (Ombudsman) c. Commissioner of Police
Case No 322 Issue: Village bully tamed?
CASE NOTE
CASE NO 322
When the leaders of Nuevo San Juan Village complained of harassment by a village bully who was described as arrogant, quarrelsome and threatening, the Ombudsman requested the assistance of the Orange Walk magistrate. She reportedly used the first opportunity she had to bound over the peace that person.
At last report he had quieted down significantly.
Signed:
Paul Rodriguez (Ombudsman)
73 Case No 607 Issue: Police traffic cases do not yield compensation for damages.
CASE NOTE
CASE NO 607
This case involves the expression of frustration that citizens feel when they or their loved ones are injured by persons they regard as irresponsible in traffic accidents. This case involved a police officer, who when returning home after doing his night’s duty, was knocked down by a driver who did not have a valid driver’s permit.
Seven charges were placed against her, including failing to report an accident and not rendering aid. The Police withdrew the last two charges as unfounded, while the accused pleaded guilty of five charges. She was fined a total of eleven hundred dollars and was disqualified from driving for nine months.
Feeling aggrieved, the mother of one of the injured persons appealed to the Ombudsman, but his investigation did not uncover any wrongdoing on the part of the Police. The accused had every right to enter a guilty plea.
The sad truth is that in some cases the judicial system does fall short of providing that closure which people often seek; and this is not the fault of anyone, as the laws now stand.
However, in this case the aggrieved person may now seek compensation through a civil suit in the Supreme Court.
Signed:
Paul Rodriguez (Ombudsman)
74 Case No 449 Issue May the Police act in a dispute between two private persons to preserve the peace?
CASE NOTE
CASE NO 499
This case concerns the intervention of the Police in a civil matter to preserve peace among private citizens who were doing business together.
When the craftsman did not finish the pieces of work, the other party required the recovery of his property with the help of the Police. This intervention by the Police the complainant perceived as prejudicial and claimed abuse of authority.
The Ombudsman requested an investigation by the Police Disciplinary Department and closed the case when he got the report of their findings.
Signed:
Paul Rodriguez (Ombudsman)
MEMO
MY REF: PB/17/01 (22)
FROM: Officer Commanding, Patrol Branch
TO: Commissioner of Police
THRU: Officer Commanding Eastern (Police) Division
SUBJECT: COMPLAINT BY MR. K
DATE: JUNE 14, 2001
Reference your correspondence 45/A/2001 (177) dated 15th May 2001.
On the above subject, an investigation was carried out to determine whether or not the allegations made by Mr. K has any substance.
75 The first inaccuracy I find in Mr. K’s report to the Ombudsman is that PC R was the Police on duty at Ladyville Police Station, who dealt with the situation between Mr. K, H and M. At no time was P.C. T involved in this matter as reported to the Ombudsman.
M and H reported that they are the owners of a construction company and they gave a contract to K to build some mahogany windows and doors with a deadline to meet in November of 2000. K was also paid in advance for the job and in addition Mr. M loan several pieces of his personal tools to Mr. K to get the job done. However, due to excessive drinking Mr. K never met the deadline and had to be spoken to many times to complete the job, which he never did.
On 23rd April 2001, H and M went to Mr. K about the job and K told them to pack everything up and leave. They packed up the doors, windows and personal tools, which were in the workshop into a pick-up truck, however, there were some windows and tools in Mr. K’s house for which he refused to open the house and hand it over, Mr. K then boarded a Venus bus and left toward Belize City.
It was at this point that Mr. M and H went and seek the assistance of the Ladyville Police.
Just before 9:00 a.m. on the same 23rd April 2001, the Police located Mr. K at a shop at the corner of the Airport junction drinking from a quart of rum. The situation was explained to him and he agreed to accompany the Police to the station to hear what M and H were reporting.
At the station AIP. O met Sgt. A and P.C. R speaking to M, H and K. After hearing the situation, Mr. O informed them that the matter was of a civil nature and the Police could only speak to the parties involved to come to a peaceful settlement, whether in or out of court.
Mr. K then agreed to hand over the tools and windows, which were locked up in his house. P.C R. o then accompanied them to ensure that no breach of the peace occurred during the transaction. M and H made clear in their statements that the Police did not in anyway physically involve himself, while K handed over the items.
Conclusion:
I find that the transaction between M, H and K is a civil one. However, it seems to me that the Police has assessed this from the start and had limited their position to one of helping Mr. K settle matter peacefully with Mr. H and M and provided the presence of P.C. R to ensure that no breach of the peace occurred P.C. R has denied that he or anyone searched Mr. K. According to P.C. R, M and Mr. H, Mr. K was present and stood watch over the entire process, as he had
76 volunteered to hand over the items rather than settle the matter through court. He did not complain that any of his personal belongings were being taken.
Note: This investigation was held up because extensive searches had to be made over a period of time to locate M and H at a camp through the Maskal Road. Also each time the complainant, Mr. K was contacted he was under the influence of liquor. In his statement Mr. K says that the personal belongings he complains about being taken from him are (1) piece of 3 ¼ inches galvanized pipe and (1) roater. He agrees that M and Hyde rightfully took all other items, but he is annoyed with M and H because he is of the opinion that they should compensate him to the sum of $2,540.00 for work done. This is also a civil matter.
(Dalton Watler, AIP) for Officer Commanding, Patrol Branch
Case No 514 Issue: May the Police break down doors?
CASE NOTE
CASE NO 514
Ms. Sotisha Arnold complained that during night hours while she and her common law husband, Robert Flowers, slept, the Police broke down her door at their residence in Hattieville. They were searching for a criminal involved in a robbery of a bus, a public transport.
When the Ombudsman spoke by phone to Cpl. Hubert Augustine of Hattieville he admitted going to the residence to search for a suspect but denied breaking down the door. The Ombudsman encouraged him to continue the fight against crime within the framework of what is legally permissible.
Signed:
Paul Rodriguez (Ombudsman)
77 Case No 465 Issue: Do the Police have a right to keep or dispose of exhibits after a case is concluded?
CASE NOTE
CASE NO 465
This case concerns the inadvertent selling of goods in auction by the Police that had been exhibits in a case. The Magistrate had ordered the items that had been stolen from the complainant be returned to her.
Upon the complaint to the Ombudsman, he wrote to the Commissioner recommending that the Police should pay the complainant the cost of her goods - $227.57.
190 days later the Ombudsman learned that the complainant had received payment.
Signed:
Paul Rodriguez (Ombudsman)
Case No 509 Issue: Sometimes, as in this case, there is no evidence or insufficient evidence
Ref 509/FPOMB/2002
8 March 2002
Mr. Francis Piñeda Freetown Sibun Hattieville, Belize District Belize
Dear Mr. Piñeda,
Last July you made a complaint to me about a traffic accident that occurred in February of 1999. The Police have checked into this matter for me, but have reported no evidence whatsoever of such an accident.
78
Therefore I am sorry to tell you that there is nothing that can be done, and we will close this file.
Thanks for using our services.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 268 Issue: Complaints must be made in good faith.
CASE NOTE
CASE NO 268
This case concerns the effort of a citizen accused of the crime of handling stolen goods attempting to use the good offices of the Ombudsman to frustrate the work of the Police.
The Ombudsman did not investigate his allegations and later discovered that the court had no record of the charge against him, because he had used a fictitious name.
Signed:
Paul Rodriguez (Ombudsman)
79 FAMILY COURT
Besides the formal complaints, for each of which there is a case file, there have been an increasing number of informal complaints against the Family Court. Complainants have expressed frustration at the Court’s inability to enforce its judgments against delinquent fathers, who seem to find ways of disappearing when they are being sought. To deal with this situation, the Family Court has sought greater cooperation from the Police, who will ensure that warrants and summons are delivered. One Inspector of Police has been named as the coordinator through whom all these court documents will be channeled. The officer tasked is Inspector Ewart Itza.
Case No 534 Issue: Divorce
Letter
Ref 534/MCOMB/2002
31 January 2002
Dear Ms. C,
Now that the matter of your separation from your husband and the attendant financial details have been concluded in court, it would be good if you documented your experience with a view to helping other women in similar circumstances. Please, therefore send me a copy of your submission to the Department of Family Affairs, if you should choose to help them by providing information that could guide them in the process of amending the law dealing with divorce separation etc.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 637 Issue: May the father sue for child Maintenance?
CASE NOTE
80 CASE NOTE 637
This case concerns the issue of child maintenance by parents.
When a court in Punta Gorda ordered him to pay $200.00 per month for the maintenance of one of his two children, the father complained to the Ombudsman, who asked the Director of Family services to take a second look at the judgment. The father has claimed that he could never pay that maintenance, in spite of his willingness to do so. But he would gladly assume custody of the second child.
The Director of the Family Court informed the Ombudsman that the father could take the mother to court for maintenance of the child that he is keeping, in accordance with Sec. 49(1) of the Families and Children’s Act.
The Ombudsman closed the file, because the Director assured him that the matter would be reviewed.
Signed:
Paul Rodriguez (Ombudsman)
Case No 636 Issue: Sometimes the complainant is wrong
CASE NOTE
CASE NO 636
The Ombudsman began an investigation when the National Organization for the Prevention of child Abuse (NOPCA) raised an issue to him concerning the right of a child to attend school. The child it was thought had been expelled for violating one of the rules of a strict sexual moral code.
In support of the child’s right a doctor’s certificate was supplied which appeared to belie the accusation that she had been in violation of the rule.
However, the school, when requested by the Ombudsman, supplied a sheet showing a litany of violations of various school rules. It included five(5) suspensions, including one for drinking, one for cheating, one for defiance by absenting herself from punishment (Jug).
81 The Ombudsman therefore closed this case deciding that the school had acted in a justifiable manner.
Signed:
Paul Rodriguez (Ombudsman)
82 Case No 313 Issue: Those who complain must take follow up action to get results.
CASE NOTE
CASE NO 313
This case concerns a family matter – maintenance of a child. The Ombudsman raised the matter with the Family Court, but nothing resulted from his efforts; because the complainant did not keep in touch to get advice on what to do should the first initiative fail.
Citizens who complain should keep in contact with the Ombudsman to ensure that their complaints are resolved one way or the other.
Signed:
Paul Rodriguez (Ombudsman)
Letter 10 July 2001
Ref EBOMB/2001
10 July 2001
Mr. Erodean Brooks Cristo Rey Road Santa Elena, Cayo Belize
Dear Ms. Brooks,
This morning I called at the Magistrate’s Court, San Ignacio, and learned that you are still not receiving the maintenance for your child. I am sorry that you did not contact me to tell me that your situation after seeing me was the same as before.
To correct the injustice what you need to do is go to the Magistrate’s Court in San Ignacio. Talk to the Clerk of Court, and she will advise you what to do.
83 Please let me know what happens.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 393 Issue: In dealing with very personal relationships, sometimes it is best to do nothing.
CASE NOTE
CASE NO 393
When a family court in Belize City denied her application to name a certain person as father of the child, the appellant complained to the Ombudsman.
The Ombudsman received the complaint of the mother thinking that he might appeal to the Chief Justice to review the case.
After studying the notes of the case, the Ombudsman thought that the alleged father was not truthful and this should have given the magistrate enough cause to insist on a DNA test.
However, after discussing the matter with the mother, the Ombudsman advised that any further pursuit of the matter in court would only tend to harden the position of the father and make any future father-child relationship very difficult. Therefore he advised against making any appeal to the Supreme Court. The mother, who was not primarily interested in maintenance for the child, agreed. The Ombudsman therefore closed the file.
Signed:
Paul Rodriguez (Ombudsman)
84 Case Note 544 Issue: Should the court deny a paternity test?
CASE NOTE
CASE NO 544
This case concerned the appeal of a citizen to the Ombudsman to intervene on his behalf so that the Family Court would grant him a paternity test. The court acceded, and the tests results proved that he was not the father of the child, as he had being claiming all along.
Signed:
Paul Rodriguez (Ombudsman)
Case 421 Issue: The variation of a court order in another Jurisdiction.
CASE NOTE
CASE NO 421
A person who complains to the Ombudsman must come with clean hands. When a lady informed the Ombudsman that the father of her child was seeking to change a court judgment for maintenance given in the Belize City Jurisdiction by taking it to another, he started an investigation. Then the woman admitted that she had registered the child as being the offspring of another man.
Upon checking, it was discovered that indeed the child had been registered in another man’s name. The Ombudsman therefore discontinued this investigation.
Signed:
Paul Rodriguez (Ombudsman)
85 PRISON
Case No 343 Issue: Personnel files must be properly kept or the fairness, objectivity, and good management of the Prison Department will be suspect.
Case No 566 Issue: Pardon to an inmate of Hattieville Prison. This is a matter that is in the competence of the Belize Advisory Council. While the Ombudsman has received these requests, his service has been one of facilitator only.
Case No 486 Issue: Justice delayed when John Carlos Zetina had been remanded for murder since September, 1999, without trial.
Case 460 Issue: Prison officers may not confiscate the personal property of inmates.
CASE NOTE
CASE NO 460
When Ms. Mary Ann Smith, volunteer at Hattieville Prison, complained that a prison officer had failed to hand over to a prisoner, money he had received by travelers’ cheques, from the States, the Ombudsman’s Office started an investigation. Upon being contacted by Mr. Lionel Castillo, Investigator, the prison guard quickly agreed to turn over the money to the Ombudsman office. We in turn delivered it to Ms. Mary Ann, who was acting on behalf of the prisoner.
Signed:
Paul Rodriguez (Ombudsman)
86 Case No 303 Issue: Unjustified violence by prison officers against inmates.
CASE NOTE
CASE NO 303
This case concerned the shooting of a prison inmate by a prison guard. Three inmates who were reportedly present when the incident occurred were interviewed. Two prison officers were interviewed; three reports from officers were submitted to the Ombudsman, and the Governor also made his report available.
The two officers directly involved maintained that they were acting in self defence, because the inmate had a homemade gun. This was never shown to the Ombudsman.
However, it was significant that the testimonies of the inmates did not agree in important details, for instance one claiming that the officer with the gun went right up to the inmate and deliberately shot him somewhere in the back; another inmate claiming that the inmate was shot while advancing toward the officer in order to sit in a chair.
When the Governor of the Prison informed the Ombudsman that he had reported the matter to the Police, he stopped his investigation.
Signed:
Paul Rodriguez (Ombudsman)
Case No 427 Issue: Appeal to have prison sentence shortened.
CASE NOTE
CASE NO 427
In reviewing this file, the Ombudsman has decided that he could not in good
87 conscience espouse the cause of an inmate who had to be flogged last year for bad behaviour and for escape.
Signed:
Paul Rodriguez (Ombudsman)
Case No 408 Issue: Was any prison guard brutal to the complaining inmate?
Letter
Ref 408/HKOMB/2001
26 April 2001
Ms. Helen Kemp 1 Ebony Street Belize City, Belize
Dear Ms. Kemp,
ALLEGED BRUTALITY AGAINST ANDY AVILEZ
In a complaint to the Ombudsman you alleged that an act of brutality by prison guard P.O. Palomo resulted in a broken left hand for your son Andy Avilez. It was alleged at the time that two credible witnesses saw what happened and could verify the truth of what took place. Those two persons named were Dr. Anna Guthierez and Nurse Marina Welcome. The Ombudsman spoke with both of them, and they denied witnessing any act of brutality involving your son.
The situation, therefore is that your son alleges something that the officer denies. The officer describes the incident as an unfortunate accident, explaining that when your son ran up and grabbed him from behind; he shook him off. Your son fell on his hand and broke it.
I have therefore closed this case. If, however, you should have any other credible information; I might be prepared to re-open the case.
88 Finally, I have been informed that Mr. Palomo no longer works at the Prison Department.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 551 Issue: An appeal for compassionate release prior to completion of sentence.
Letter:
Ref 551/EAOMB/2001
5 October 2001
Mr. Ellis Arnold Chairman, Belize Advisory Council C/o 2A King Street Belize City, Belize
Dear Sir:
RE: EXERCISE OF PREROGATIVE OF MERCY: LORENZO BANNER
I am enclosing copies of medical reports and a recommendation by Mr. Bernard Adolphus, all in support of Lorenzo Banner, inmate at Hattieville Prison.
On occasion I have seen Mr. Banner and am surprised that he is still alive. His confinement now has gone way past the stage of being justifiable punishment to descend to cruel and inhumane treatment. This is not because he is being mistreated, but because there is no way the prison administration is capable of providing the personal care he needs. Perhaps with the loving care of family members, he would survive. However, I greatly doubt that he will last for much longer in prison.
I therefore appeal to His Excellency the Governor to use his prerogative of mercy
89 and grant Lorenzo Banner a full pardon so that he may return home and die in peace.
Respectfully,
Paul Rodriguez (Ombudsman) c. Mr. John Sosa, member, Belize Advisory Council
Letter from Advisory Council:
30th October 2001
Dear Sir:
Thank you for your letter 551/EAOMB/2001 dated 5th October, 2001.
Representation was made on behalf of Mr. Lorenzo Banner in July, 2001. At that time, certain members requested a more recent medical report. This was conveyed to the Ministry responsible for Prison on 11th July, 2001, copy attached.
In anticipation of a quick response the Instrument of Release was prepared and signed by the Governor General for implementation on receipt of the report, but there was no further communication.
I am copying this correspondence to the Executive Governor of Prisons, together with the signed Instrument of Release authorizing him to release Mr. Banner on probation for the remainder of his sentence on 12th November, 2001.
Sincerely,
S. McSWEANEY (MRS). Secretary Belize Advisory Council
90 Case No 464 Issue: An appeal to be released before completing the serving of his sentence. Letter 31 January
Ref 464/EBOMB/2002
31 January 2002
Mr. Edward Belgrave Hattieville Prison, Department of Corrections, Hattieville, Belize District Belize
Dear Mr. Belgrave,
Thanks for your letter, which I received only this morning.
I will help you, but perhaps the help that I will now give you is not the kind you want, for what you would wish for most at this time would be release from prison. To try to achieve this, you need to appeal to the Belize Advisory Council or the Parole Board. No one else can legally release.
What you should do, therefore, is be on your absolutely best behaviour at all times. Perhaps as a result of your good behaviour, you would be recommended for a parole.
Best wishes!
Respectfully,
Paul Rodriguez (Ombudsman)
Cc. Superintendent of Prisons
91 Case No 596 Issue: Do extradited prisoners get released immediately upon their return to Belize.
Letter 4 January 2002
Ref 596/FVOMB/2002
4 January 2002
Mr. Fermin Junior Velasquez Med Max Hattieville Prison, Department of Corrections Hattieville, Belize District Belize
Dear Mr. Velasquez:
RE: QUERY UPON BEING PRISONER RETURNED TO BELIZE
Belize and Mexico signed a treaty in the nineties to allow an exchange of prisoners. Your transferal to Belize is in accordance with this. However, one of the provisions is that the exchanged prisoners should complete the serving of the sentence in Belize or Mexico, depending on whether Belizeans or Mexicans are involved.
The practice here is to require that the transferred inmates continue serving the sentence, but after a certain time when the Superintendent of Prisons is satisfied that a given inmate has been rehabilitated he may ask the Foreign Minister of Belize through the Minister of Prisons to grant a release to that person.
Therefore, you and your fellow exchanged prisoners would be well advised to be on your very best behaviour at all times.
Respectfully,
Paul Rodriguez (Ombudsman)
92
Case No 385 Issue: Was his death suicide?
Letter 8 December
Ref 385/CCOMB/2000
Ms. Celene Cleland Chief Executive Officer Ministry of Home Affairs & Prisons Belmopan, Belize
8 December 2000
Dear Ms. Cleland:
RE: INVESTIGATION INTO THE DEATH OF JASON FLOWERS
The Ombudsman has decided to initiate an investigation into the hanging death of Jason Flowers, which occurred in the Maximum Security Section of Hattieville Prison on Tuesday, 7 November 2000.
It is necessary for me to emphasize that this investigation is not intended to duplicate, or substitute, or complement the Police investigation; for it is solely their duty to carry out criminal investigation. Rather, the Ombudsman’s efforts are to answer, among other questions, the following: -
1. Is the prison administration in any way responsible for this death due to the negligence of any of its guards?
2. If Jason Flowers died between 10 am – 12:00 P.M. as the post mortem revealed, how is it that the guard in charge of that cell block, did not find the body earlier?
3. Does the prison administration have in place the established routine of regular patrol of cells and checks on individual cells at designated intervals?
4. Any other matter that the Ombudsman deems to be relevant respecting the security of inmates of Hattieville Prison.
93 I am confident that I will be able to count on your cooperation.
Respectfully
Paul Rodriguez (Ombudsman)
Ombudsman: The prison authorities informed him that the Police were investigating the matter and therefore the Ombudsman discontinued his investigation.
94 LABOUR DEPARTMENT
There is a good working rapport between the Ombudsman and Labour Inspectors, especially those in Belize City. This is not evident with the Commissioner’s Office in Belmopan. Correspondence with him seem to go unattended for months. This may be no fault of the Head of Department, but may point rather to his need for more efficiency from those who attend to his correspondence.
Perhaps the Department needs a Liaison or Public Relations Officer, who would ensure that concerns raised by the Ombudsman and the Public get attended to as quickly as possible, with justice and fairness for all.
Here and there, the Ombudsman has detected an unjustified caution in dealing with certain persons and issues.
We must all bear in mind that our oath of office requires us to act without fear or favour, with malice to none and good will to all, giving fair and just treatment to all, no person being above or below the law.
95 Case No 612 Issue: Citizens should first seek recourse from the Labour Department. Failure to obtain help there should be referred to the Ombudsman.
Letter:
Ref 612/SDOMB/2002
24 January 2002
Dear Miss D,
RE: NON-PAYMENT OF SALARY
Thank you for exhibiting confidence in the Office of the Ombudsman by placing your concern before me.
Your matter between you and Mr. S is the nature of a civil matter between two private citizens. What you should do, therefore, in matters involving labour practices is consult the Labour Department in Belmopan.
Though I support your contention that an agreement is an agreement I believe that Mr. S has not paid you, because he himself is suffering from a shortage of funds.
Respectfully,
Paul Rodriguez (Ombudsman)
96 Case No 554 Issue: Sometimes the government authority is right. Letter:
Ref 554/EMOMB/2001
24 October 2001
Dear Mr. M:
I have asked the Labor Department to investigate your claim of unfair dismissal. Both the Labor Department and Program for Belize have supplied me with the necessary information, and it has become clear to me that your dismissal was justified.
Please receive my advice to move on and do the best you can to improve yourself.
Respectfully,
Paul Rodriguez (Ombudsman) c. Mr. A. Vasquez, Labor Department c. Mr. H. Haylock, Program for Belize
Case No 516 Issue: Does ten years of service always qualify for severance compensation?
CASE NOTE
CASE NO 516
This complaint was made by a person who believed that since she had worked at Nova Shrimp Farm for over ten (10) years and had resigned she was entitled to compensation.
97 Since the complainant informed the Ombudsman that she had been to the Labor Department, the Ombudsman consulted Labor Inspector Adelfino Vasquez of Belize City, who sent him a complete listing of the years the person had worked. According to Sec 184 for a person to qualify for compensation under Sec. 181, he or she has to have worked for a minimum of 180 days each year. The person was a seasonal worker, and did not qualify, as is shown by the chart below:-
Signed:
Paul Rodriguez (Ombudsman)
Letter of 23 July, 2001
23rd July 2001
Dear Mr. Rodriguez:
The following is the amount of days Mrs. T worked since 1994 with Nova Company. I need to mentioned that prior to 1994, the Shrimp Crop was shorter that the ones shown here:
1994 120 days 08/06/94 – 23/11/94 20 weeks
1995 156 days 04/01/95 – 25/01/95 14/06/95 – 25/10/95 13/12/95 –13/12/95 26 weeks
1996 132 days 17/01/96 – 24/01/96 19/06/96 – 02/10/96 04/12/96 – 18/12/96 22 weeks
1997 114 days 25/05/97 – 05/11/97 19 weeks
1998 156 days 10/06/98 – 16/12/98 26 weeks
1999 156 days 16/06/99 – 15/12/99 26 weeks
2000 172 days 31/05/00 – 27/12/00 28 weeks
2001 18 days 03/01/01 – 24/01/01 4 weeks
98 Trusting this should help in the matter.
Sincerely yours,
______Adelfino Vasquez (Mr) For Labour Commissioner
Enc: Section 184 – Severance Payment
Case No 440 Issue: No man is above the law. Political support immunizes no one against fulfilling the requirements of justice.
Ref 440/EBOMB/2001
11 April 2001
Dear Sir:
RE: CASE OF WORKERS VS MR. P
The persons listed in the enclosed letter to Mr. P have complained to the Human Rights Commission and to the Ombudsman regarding alleged non-payment of wages to them.
It seems that Mr. P is insisting that he does not owe them anything. Therefore this may be a matter that you will have to take to court, notwithstanding whatever threats that may have been made by him.
I want to urge you that this matter must not be considered closed until we are satisfied that justice has been done. It may be that what Mr. P is claiming is true, but we have to be satisfied that it is so.
Respectfully,
Paul Rodriguez (Ombudsman) c. Hon. Minister of Labour
99 Case No 384 Issue: Discrimination for associating with a workers union?
Letter 7 December, 2000
Ref 384/DTOMB/2000
Mr. Dale Trujeque Labour Inspector Labour Department Albert Street, Belize City Belize
7 December 2000
Dear Mr. Trujeque:
I have received a copy of a letter addressed to you by Mr. Manuel Fernandez, Legal Advisor to the Human Rights Commission, on the subject of alleged discrimination against an employee, a member of the Christian Workers Union, by the Hummingbird Citrus Company Ltd.
I am wholeheartedly confident that you will do a thorough investigation of this matter.
Respectfully,
Paul Rodriguez (Ombudsman) c. Mr. Manuel Fernandez, H.R.C.B
No facts were advanced to support the allegation made by the employee.
100
LANDS DEPARTMENT
Some long outstanding cases were finally resolved this year. This was due in no small measure to the efforts of Public Relations Officer Mr. Stafford Garbutt, who took seriously his assignment to liase with the Ombudsman’s Office. More cases would have been resolved, if he had received more cooperation from the other officials in his ministry.
Hopefully once a more reliable filing system is put in place with a computerization of all records, these will be more easily accessible to the PR Man and the Ombudsman.
While we do believe that a serious effort is being made to regularize all the transactions of the Ministry, we still feel that there needs to be more transparency.
Finally, we applaud the efforts of the Minister in restraining zealous Lots Committees who otherwise might have strayed from a commitment of fairplay for all.
101 Case NO 409 Issue: Keep in touch with the Ombudsman.
Letter 27 August 2001
Dear Mr. Rodriguez,
Mr. Armin Cansino, Commissioner of Lands and surveys, has asked me to investigate and reply to your March 1st 2001 letter concerning Reference 409/JCOMB/2001, wit: Lot 8172 St. Martin’s Area, Belize City.
Please be advised that Ms. Dorla Grant, land administrator Belize has informed me that complainant Ms. June Willoughby was contacted and offered another parcel of land over three months ago. So far Ms. Willoughby has failed to respond.
In view of the foregoing, the matter is still pending but it is up to the complainant to respond in order that the matter might be completely resolved.
Sincerely
(Stafford Garbutt) Public Relations Officer
Case No 259 Issue: The citizen must maintain an interest in the progress of the complaint.
Ref 259/MFOMB/2001
23 May 2001
Mrs. Mehetabel Flowers 3995 Poinsetia Lane St. Martin’s Area Belize City, Belize
102 Dear Mrs. Flowers,
By this time I trust the correction involving your land in Lord’s Bank has been made. If it has not yet been effected, you will need to keep after the office; because a decision has already been made to rectify the matter.
Thanks for using the services of the Ombudsman.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 111 Issue: If land possessed under a valid lease is sold, you may have a winning case in court.
Letter 11 Sept.
Ref 111/CCOMB/2001
11 September 2001
Ms. Celedonia Castellanos 3901 Flamboyant Street Lake Independence Belize City, Belize
Dear Ms. Castellanos:
RE: LAND AT FRANK’S EDDY
I think that you have given the Lands Department more than reasonable time to act on your request. If they have sold this land, while you still have a valid lease, this gives you some grounds for taking this matter to court. I so advise you.
103 I have now closed your file.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 351 Issue: Cancellation may be perfectly legal and Justified.
CASE NOTE
CASE NO 351
When Ms. K. complained because her lease had been cancelled, the Ombudsman initiated an investigation. After waiting over one year for proof of justification to cancel, on 25 October 2001, the facts were at last revealed to him. The lease for Lot 7768 had been approved on 16th March, 1992, one of the conditions being that she erect a building costing at least fifteen thousand dollars by 16 March, 1995. This condition was not fulfilled. Therefore on 11 December, 1995 a cancellation notice was sent to her. On 31 January, 1996 the lease was cancelled. Unfortunately todate, Miss K has yet to respond in any way whatsoever to the lands Department. The Ombudsman therefore discontinued the investigation.
Signed:
Paul Rodriguez (Ombudsman)
104 Case No 439 Issue: Caveat Emptor (Let the buyer beware).
Letter 18 July, 2001
18 July 2001
Dear Mr. G,
In April I wrote the Chief Executive Officer of the Ministry of Natural Resources making her aware of the actions of Mr. Y, possibly with the support of someone in the Lands Department.
However, as I pointed out to you when you saw me in my office, the matter of your investment in three parcels of national land was a business transaction between you and Mr. Y. Furthermore, if he has in any way failed to deliver on the agreement he made with you, then this should be cause for you to take him to court. If you had bought the parcels from the Lands Department, your case would be one that the Ombudsman would investigate. However, in this case, you have presented me with information that pertains to a transaction between two private individuals – not one between a citizen and a department of government.
I believe, therefore that what you need to do is hire an attorney, and take Mr. Y to court.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 281 Issue: Double punishment?
25 May 2001
Dear Mr. E,
RE: CASE NO 281
The Ombudsman has checked into the matter of your dismissal. Enclosed is a copy of the Labor Commissioner’s position.
105
Concerning the claim by Lands and Survey for you to pay for damages, this may be a case of double jeopardy, of being punished twice for the same misdeed. You might want to consult an attorney on this point. Or, you might ignore the claim forcing them to take the matter to court.
Since there is nothing else that I can do to help, I have closed your file.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 154 Issue: Keeping in touch with the Ombudsman
CASE NOTE
CASE 154
This matter concerns a clerical error by the Lands Department, issuing a lease fiat for the wrong lot.
In September the Ombudsman received a memorandum from the Lands Department committing themselves to rectify the error. In early November the Ombudsman wrote a letter to the complainant asking if the matter had been concluded. After months passed without hearing from the complainant, the Ombudsman decided to close the file.
Signed:
Paul Rodriguez (Ombudsman)
106 Case No 468 Issue: Acquired land not used should be returned to the private owner. Letter 1 August 2001
Ref 468/WJOMB/2001
1 August 2001
Mr. William Johnson 75 Magoon Street Dangriga Town, Stann Creek District Belize
Dear Mr. Johnson:
I am enclosing to you a copy of a letter received recently. It expresses a commitment to effect a return of the lands to your family.
Having done what was needed to move this process forward, I believe I should now close my file. However, if there is no final resolution, I will re-open it.
Respectfully,
Paul Rodriguez (Ombudsman) c. Mr. Armin Cansino c. Commissioner of Lands
107 Case No 445 Issue: May an Area Representative seize land without going through the proper procedure?
CASE NOTE
CASE NO 445
In an unusual move an Area Representative took possession of a parcel of private land to build homes for three families. Later the Representative claimed that the land had been acquired by Government and stated that compensation would be paid to the dispossessed owner. When the complainant expressed satisfaction with this arrangement, the Ombudsman closed the file.
Signed:
Paul Rodriguez (Ombudsman)
Case No 507 Issue: Once the money has been paid and received a binding contract has been established.
CASE NOTE
CASE NO 507
On 25 October, the Public Relations Officer of the Lands Department on behalf of the Ministry of Natural Resources informed the Ombudsman that the complainant had agreed to accept a compensatory lot in Hattieville. The Ombudsman consulted with Ms. Y, who expressed satisfaction. He therefore closed the file.
Signed:
Paul Rodriguez (Ombudsman)
108 Case No 458 Issue: The Ombudsman does not take sides, but now and again he lends his support.
CASE NOTE
CASE NO 458
When the Chairman of the San Felipe Conservation & Reforestation Group sought the help of the Ombudsman to obtain approval of their project, the Ombudsman traveled to San Felipe to do a preliminary check. He found that Mr. Peralta and his group has already shown their commitment by starting a nursery on their own small plot of land. This persuaded the Ombudsman to lend his support.
About a month after, the Ombudsman received a letter from the Ministry of Natural Resources speaking of “plans to approve it in a way to make it more viable and sustainable.”
Signed:
Paul Rodriguez (Ombudsman)
Case No 372 & 480 Issue: These two cases are placed together in this report because they concern the same parcel of land. The Case Note below explains the position.
CASE NOTE
CASE NO 480
This case concerns Lot/ Parcel NO 1737 leased from 1977 to Mr. X. Available records show that in 1997 approval was granted for the sale of the parcel covering two lots. Three years later a revision was made of the purchase value to a total of $16,800.00 for the two lots. No record was available to show if the down payment of $2667.67 was ever made within the required three (3) months.
109 The Ombudsman discontinued this investigation when the complainant physically took possession of the land. The Ombudsman opined that its ownership would have to be decided in court. His investigations had revealed that the same parcel had been sold to two (2) other persons.
Signed:
Paul Rodriguez (Ombudsman)
Letter 25 May 2001
25 May, 2001
Dear Ms. S,
RE: CASE NO 372, LAND PARCEL 1737, CARIBBEAN SHORES
During the course of his investigations into your complaint, the Ombudsman has discovered that the parcel of land you bought had already been committed to Mr. G of 13 Mahogany Street. Subsequent to your purchase, it was again sold to a certain Mr. M.
I understand that Mr. G is taking this question of ownership to court, and I do believe that is where the matter should be resolved. I have therefore closed your file.
Respectfully,
Paul Rodriguez (Ombudsman)
110 Case No 493 Issue: The fairness of a Lots committee.
THE QUESTION
Letter 20 July 2001
20 July 2001
Dear Minister:
RE: PLOT OF LAND, SAN JOSE
A serious allegation has been made concerning Mr. V, who as chairman of the Lots Committee has passed over to his son, R, a parcel of land in San Jose that has been in the possession of the Z family for the past twenty years (20).
I believe that though certain responsibilities for the issuing of lands in villages have been delegated to Area Representatives and Village Councils, the Minister has to be the final arbiter to ensure that justice and fairplay control the tendency to act merely to benefit self and friends.
This may be a case where you as Minister should intervene to ensure fairplay.
Respectfully,
Paul Rodriguez (Ombudsman) c. A. Cawich, Orange Walk
Letter 5 September 2001
The Answer
Dear Mr. Rodriguez:
Mr. Armin Cansino, commissioner of lands and surveys, has asked me to investigate and reply to your June 18, 2001 letter concerning Ref 493/ACOMB/2001, to wit: Plot of Land, San Jose.
111 Please be advised that an investigation conducted concerning Lot No.187 in the San Jose Village Lots Layout, Orange Walk District, reveals the following. One Mr. O had occupied the parcel in question for some time but without any formal tenure. It is alleged that I “sold” the lot to Mr. P. However, since no legal tenure existed, the matter was not brought to the attention of the Lands and Surveys Department. It is alleged that P demolished a house on the lot.
Because there was not no true legal ownership of the lot, the village lots committee recommended that R be granted a lease on the lot. This was subsequently done by Lease Fiat 1781/2000, LC 439/2000. To ameliorate the I/P connection, the committee issued a lot to P identified as LC 553/2000. This was approved with effect from November 18, 2000.
With all due respect, in view of the above, the matter is considered resolved.
Sincerely,
(Stafford Garbutt) Public Relations Officer
C. Minister CEO Mr. Cansino
Case No 476 Issue: Righting a wrong?
CASE NOTE
CASE NO 476
This case concerned a parcel of land that was assigned in lieu of services performed by Mr. X during World War II. Sometime later the parcel was mistakenly granted to another person, who sold it to a third.
When the heir of the original grantee queried the matter, she was offered a substitute parcel, which she found unacceptable. The Department of Lands then offered a cash settlement.
She saw the Ombudsman and complained that the offer had been made more than three months ago and she would accept it, if she would get the money right away.
112 The Ombudsman placed the complainant’s request to the Minister personally. Twenty-three days later she called to inform the Ombudsman that she had gotten her check.
Signed:
Paul Rodriguez (Ombudsman)
Case No 308 Issue: Has the wrong been righted?
CASE NOTE
CASE NO 308
This case concerns mistakenly including a parcel of land already leased to someone else in a sale of a parcel located on the old Northern Road. Because the Commissioner of Lands warned the new owner of the mistake and instructed him to bring in his title to have it corrected, the Ombudsman deemed that Lands Department had done what it could to correct its error. He therefore closed his file advising the complainant that if the other person continued occupying her land, she should take the matter to court.
The Ombudsman deplores the fact of these mistakes. They cause distress and great inconvenience to citizens. Therefore greater care must be exercised to avoid them.
Signed:
Paul Rodriguez (Ombudsman)
113 Letter 6 July 2001
6 July, 2001
Dear Ms. L,
On 24 May 2001 I wrote a letter to Mr. B making him aware of the true position of your land and his. Having done this, I have done all that I can to help you, since this is now a matter between you and him, two private persons. If he continues to occupy your land, despite the letter of 23 July, 1999, sent to him by the Lands Department; you need to take him to court.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 456 Issue: Does the Ombudsman champion your cause, right or wrong?
CASE NOTE
CASE NO 456
The office of the Ombudsman exists to seek redress for those who have suffered abuse or have had their rights violated. The Ombudsman does not give aid and comfort to those who break the law or lose their entitlements by not fulfilling the terms and conditions of an agreement.
This case concerns a complaint from a citizen who was granted a lease for 391.46 acres in January 1982. He also had a mining license to extract pine ridge sand from the land. When he failed to pay not only the rent but the royalty for the sand, his lease was cancelled.
114 Considering that no wrong had been done to the complainant, the Ombudsman so informed him and closed the case.
Signed:
Paul Rodriguez (Ombudsman)
Case No 477 Issue: Was it a genuine mistake?
CASE NOTE
CASE NO 447
This case concerned the leasing by Government of an island, Long Caye, that is private property, part being leased to J and another part to H.
The Ombudsman urged the rightful owner of the caye to seek the services of an attorney immediately to begin the process of the removal of the trespassers by the court. The Ombudsman further advised that the Government not being the owner of the land, any lease granted was null and void.
Signed:
Paul Rodriguez (Ombudsman)
115 Case No 153 Issue: The authority to dispose of national lands lies with the Minister, not Village Councils, or Lots Committees.
3rd October 2001
Dear Mr. Rodriguez:
Mr. Armin Cansino, Commissioner of Lands and Surveys, has asked me to investigate and reply to the matters you raised in our meeting of Monday, September 17th ,2001.
This concerns Case 153 (TOL 189/93). Parcel 1632 located in Punta Gorda Town was leased to Lionel Arzu of Punta Gorda Town on October 1st 1996 for a period of 30 years. This has been confirmed by proper registration on January 3rd, 2001.
I hope this information aids you in considering this matter resolved.
With all due respect.
(Stafford Garbutt) Public Relations Officer
Cc: Minister CEO Mr. Cansino
116 Letter 18 October
Ref 153/LAOMB/2001
18 October 2001
Mr. Lionel Arzu 1632 Punta Gorda Town, Toledo, Belize
Dear Mr. Arzu:
RE: LEASE, PARCEL 1632
The Letter which accompanies this note indicates that your lease has been confirmed. This seems to satisfy your grievance, and therefore I have closed your file.
Thanks for using the services of the Ombudsman.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 103 Issue: Sometimes generosity prevails
CASE NOTE
CASE NO 103
On 23 November 1999, a complainant, Mr. X of Punta Gorda alleged that the Ministry of Lands had reneged on a commitment to lease to him 38 acres of a parcel of 40 acres, after 2 of those acres had been sold to him.
In May of 2000 the Ministry wrote the Ombudsman saying that the acreage in question was part of a reserve. In September, 2001, the Ombudsman was informed that Mr. X’s original lease was still in effect. ON 26 November, 2001
117 the Ministry of Natural Resources sent the Ombudsman a copy of the newly approved lease for 38 acres of land by Mr. X, and a long outstanding case was finally closed.
Signed:
Paul Rodriguez (Ombudsman)
Letter of 19th September
Dear Mr. Rodriguez:
This matter concerns Case 103 (172/88). An investigation of the matter reveals the following:
On December 29, 1988, Mr. S’s application to lease 40 acres of land in the Toledo District was approved and he was so informed on January 11, 1989. The lease (172/88) was for 10 years with the possibility of renewal at its end, provided conditions of the lease had been observed.
S applied to purchase the property in June, 1991. An inspection by the department carried out in October, 1993, showed that only one acre of the 40 had been developed. The investigation showed S was in violation of a number of clauses in the lease agreement, to wit:
a) rent was owed b) a pier had been constructed without permission c) generally insufficient development. d) disregarding 66 – foot waterfront access e) construction of a building within the 66 – foot reserve
On July 21, 1992, S applied to purchase two acres of the original 40 leased. This was approved on March 21, 1994 (Tol. 320/92) and he was so informed on April 5, 1994. He was also informed that the original lease (172/88) would be in effect until freehold title was issued. This is implicit in (2) of the approval forms: “The lease 172/88 is still in effect until freehold title is issued”.
Apparently being unclear on the matter, S requested clarification and internal memos indicated he was to be given such assurance. It is unclear, however, if this assurance was ever conveyed to him, but on December 8, 2000, he was given permission to survey the two acres (320/92).
118 In view of the above, unless there is further noncompliance with lease clauses, S still has the remaining 38 acres of 172/88 under lease. He will be so informed promptly.
Commissioner of lands and Surveys, Armin Cansino hopes this information is helpful to your investigation and that it will put the matter to rest.
Please do not hesitate to contact me if you believe I may be of further help.
Sincerely yours
(Stafford Garbutt) Public Relations Officer
Cc: Minister CEO Mr. Cansino
Case No 351 Issue: Is the cancellation of a land lease sometimes justified?
CASE NOTE
CASE NO 351
When Ms. K complained because her lease had been cancelled, the Ombudsman initiated an investigation. After waiting over one year for proof of justification to cancel, on 25 October 2001, the facts were at last revealed to him. The lease for Lot 7768 had been approved on 16th March, 1992, one of the conditions being that she erect a building costing at least fifteen thousand by 16 March, 1995. This condition was not fulfilled. Therefore on 11 December, 1995 a cancellation notice was sent to her. On 31 January, 1996 the lease was cancelled. Unfortunately todate, Miss K has yet to respond in any way whatsoever to the lands Department. The Ombudsman therefore discontinued the investigation.
Signed:
Paul Rodriguez (Ombudsman)
119 Case No 573 Issue: Does a Lands Officer act officially when he commits a breach?
CASE NOTE
CASE NO 573
When citizens X complained that an employee at the Lands Department had received two hundred dollars from him for a lease on a parcel of land, the Ombudsman immediately initiated an investigation. Twenty days after starting the investigation the Ombudsman was informed that the officer’s services had been terminated. However, it is still not clear if the termination came as a result of his investigation.
Signed:
Paul Rodriguez (Ombudsman)
Letter 30th November
30 November 2001
Dear Mr. X,
The Ombudsman has attended to the matter of the transaction between yourself and Mr. N. On the 27 November, 2001, my office was informed that his services had been terminated. Therefore for recovery of your money, if you wish to pursue the matter further, you should take him to court.
Since there is no other assistance that I am able to render in this matter, I have closed the case.
Respectfully,
Paul Rodriguez (Ombudsman)
120 Letter 30th November 2001
30 November 2001
Dear Mr. P,
RE: MR. G/ MR. N
Thanks for attending to this matter expeditiously. We have advised Mr. G to take Mr. N to court and have closed the file.
However, I would like to dispute the disclaimer made in your letter that “no employee of the department acts in an ‘official’ capacity when conducting departmental matters in any illegal manner.”
Respectfully,
Paul Rodriguez (Ombudsman)
A PERSPECTIVE
During the decades before Independence, there existed an impression that the supply of land in Belize was inexhaustible. When one traveled the roads, miles upon miles of land seemed uninhabited. However, during the past twenty years, the demand for land has been constantly increasing. One consequence has been that idle land has been fast becoming a luxury that cannot be afforded. Those, therefore, who have been holding leases to national lands have been learning that they had to develop or move off. This is not an argument in favour of justifying all cancellations.
121 EDUCATION DEPARTMENT
Case No 547 Issue: Does time off mean anytime it is requested?
CASE NOTE
CASE NO 547
When a teacher complained that she had been disciplined by having a day’s pay taken out of her salary, the Ombudsman did an investigation.
In her complaint the teacher maintained that although she was denied permission, she still felt justified in taking time off to go on a school trip with her child. Her arguments were that because her principal had at first given her permission, she should have been given the day off. Moreover, since teachers are by regulation entitled to five days off with pay for personal reasons, she was entitled to take the day off.
The Ombudsman upon investigation recommended differently. He verified the principal’s position that three other teacher’s had previously sought permission for time off on the same day, permission that was denied.
The Ombudsman also reasoned that the entitlement to time off does not bind the management to saying “yes” at any time a teacher makes the request. The convenience of the teacher must not be allowed at the expense of good order and discipline in the school.
Signed:
Paul Rodriguez (Ombudsman)
Letter
19 October 2001
Dear Ms. H:
RE: YOUR COMPLAINT: REFUSAL OF TIME OFF
I have investigated your complaint and found out the following: -
122
1. For the day you requested time off, three other teachers had already asked for the same, and they were refused permission.
2. The other teachers reported to work; while you did not, but marked yourself on the register as present.
3. My assistant, Mr. Lionel Castillo checked with two of the other teachers, i.e., Mrs. X and Z, to verify the above two points. They concurred with what the principal had told us.
Based on the above verified information, our conclusion is that the disciplinary action taken against you was justified.
Perhaps, it is necessary to explain that the fact that teachers are entitled to time off does not mean that you are entitled to get that day off whenever you ask for it. Certain factors have to be taken into account by the principal before leave is granted. As on this occasion, if serious disruption of classes would result from the absence of teachers, then it would be irresponsible of the principal to grant time off.
However, the Ombudsman would like to urge principals that whenever possible teachers should be accommodated to make this important enrichment of the lives of children take place by spending a day on a trip with parents.
Thanks for using the services of the Ombudsman.
Respectfully,
Paul Rodriguez (Ombudsman) c. Chief Education Officer c. Mrs. Guadalupe Quetzal, Principal
123 Case No 470 Issue: Retirement benefits
Letter 3 August 2001
1 August 2001
Dear Sir:
I am still awaiting from you the information requested through a letter of 28 May, 2001. To expedite matters you should send these letters directly to Mr. Armando Leiva of the Education Department, and send me a copy.
Respectfully,
Paul Rodriguez (Ombudsman)
Letter 19 December 2001
19 December 2001
Dear Mrs. D,
RE: YOUR CLAIM TO PENSION
I am sorry that I have taken so long to answer you about your claim to pension, but I wanted to be sure and look into the matter thoroughly. Unfortunately, I have not found any way which would legally entitle you to one; because the pension act for teachers became effective in 1991, long after you had resigned from teaching in Belize.
I do regret that your invaluable service has not been acknowledged in a practical way.
Respectfully,
Paul Rodriguez (Ombudsman)
124 HOUSING DEPARTMENT
Case No 296 Issue: The Ombudsman must be supplied the facts of the case. Opinions are not enough.
CASE NOTE
CASE NO 296
Mr. X. made a complaint against the warning by L&J Management to take legal action against him unless he made attempt to formalize a loan with Recondev/Ministry of Housing transferred to them.
A request made to see whatsoever documentation he had went unanswered. Therefore after months of waiting the Ombudsman decided to close the file.
Signed:
Paul Rodriguez (Ombudsman)
Case No 396 Issue: In disputes concerning entitlements usually a court of law must decide.
Letter
6 April 2001
Dear Ms. W,
RE: COMPLAINT ABOUT HOUSE AT 8099 MAHOGANY EXTENSION.
The Ombudsman has investigated your allegations concerning the house at 8099 Mahogany Street Extension and found that all the documents were in order. However, as you already knew, they were all signed only by Mr. U. Therefore he alone holds the mortgage and is responsible for paying.
125 Concerning your rights, if he comes to threaten to have you moved, you will need to go to a lawyer to defend whatever rights you have as a common-law wife with a child for him.
Finally, you may want to go back to the Prime Minister and get a house for yourself.
Respectfully,
Paul Rodriguez (Ombudsman)
Case No 515 Issue: No refund because the funds had already been exhausted in pursuit of the fulfillment of the agreement.
Letter
14 December 2001
Dear Ms. G,
RE: YOUR REQUEST FOR REFUND
A letter from the Housing and Planning Department signed by Acting Director Cordelia Avila, dated 7 January, 2002, GAD/88/02(6), says:
1. $5000.00 was indeed credited to you in 1994 to construct a house;
2. $5,169.43 has been spent on the foundation.
3. No refund is due.
Therefore what you need to do is see Mrs. Avila to inform her what your wishes are, for example, whether you wish to continue with the project.
Respectfully,
Paul Rodriguez (Ombudsman)
126 NATIONAL FIRE SERVICE
Case No 416 Issue: Are volunteer fire fighters entitled to a free grant of 10 acres?
Letter
Ref 416/FMOMB/2001
25 October 2001
Mr. Felix Melendrez C/o Dangriga Fire Station Dangriga, Stann Creek Belize
Dear Mr. Melendrez:
RE: FREE GRANT OF LAND TO FIREFIGHTERS
To seek to resolve your case favourably, the Ombudsman appealed to the Cabinet Secretary, who sought and got an opinion from the Solicitor General. His opinion is a 5 – page submission in which he clearly shows that free land grants, as in your case, were legal under Colonial law but not under our present laws.
However, I am enclosing to you a copy of a letter from your Minister, which is self-explanatory.
When that new law is passed, I believe you should then pursue this matter again. In the meantime, I have closed this file.
Respectfully,
Paul Rodriguez (Ombudsman)
127 CASE NOTE
CASE NO 416
When Volunteer Fire Fighters of Dangriga complained to the Ombudsman of having been trying since 1996 to obtain compliance with a section of the law which provided that volunteer firefighters after ten years of continuous service, were entitled to a grant of 20 acres of land the Ombudsman appealed to the Cabinet Secretary to assist in the resolution of the claim. To this end he obtained an opinion from the Solicitor General, who found as follows.
1) The Fire Brigades Act (137) is a Colonial law.
2) The Minister in charge of the fire service is not the person in charge of issuing lands.
3) Even the Minister of Natural Resources does not have the power to issue the “free grants” referred to in section 22 of the Fire Brigades Act.
The Ombudsman therefore closed the case informing the complainants of the Fire Service Minister’s commitment to seek a residential lot for each of them.
Signed:
Paul Rodriguez (Ombudsman)
Case No 410 Issue: May citizens use barbeque pits without permission?
Letter
22nd May, 2001
Dear Mr. Rodriguez:
Reference your letter #410/HBOMB/2001 dated 23/4/01 in regards to a complaint by one Mr. Guillermo Reyes in respect to an incident which occurred at #73 Barrack Road in Belize City.
Please be reminded that the National Fire Service is responsible for the safety of the citizen of this country and therefore is concerned when open flames are used negligently especially in heavily populated areas of the cities or towns which
128 caused neighbours to be concerned and call the N.F.S. for assistance as what happened in Mr. Reyes’ case.
We do not give license or permission for fires to be lighted in cities or towns. Barbecues are done in contained grills all over the country on a daily basis without seeking permission, but they are done using lighted coal and not open flames (no smoke). Also the persons involved should not be cooking food which needs the flames and give off smoke.
Please be informed that as long as Mr. Reyes or anyone for that matter abides by the simple rules and acts in a civil manner, he or she should have no fear of the National Fire Service or the Police.
Thanking you for your cooperation.
Respectfully,
______Norris Fisher For Fire Chief
129 BELIZE DEFENCE FORCE
The THIRD SCHEDULE (Section 12) of the Ombudsman restricts the investigating authority of the Ombudsman with respect to orders or directions given to the Belize Defence Force, but he may investigate matters of administration that are similar to that of any other government department.
Case No 415 Issue: The soldier failed to provide information on the cause of his grievance.
Letter
5 March 2001
Dear Mr. A,
Among the documents you left with me when you made your complaint is a letter informing you that you had been awarded a gratuity of over $18,000.00. Therefore, could you please be more specific and let me know exactly what is it you want.
I look forward to hearing from you.
Respectfully,
Paul Rodriguez (Ombudsman)
130 HEALTH DEPARTMENT
Case No 491 Issue: He sought monetary Compensation for damages
Letter
6 November 2001
Dear Mr. Z:
Following upon your complaint against the Dental Department of the Ministry of Health we have studied all the opinions of the doctors who have seen you or treated you. We would like to note the following:
1. We are not convinced that the first treatment you received was of the best quality.
2. Both Doctors C and G made reference to your poor oral hygiene history.
3. Doctor G made an effort to treat you properly. This entailed hospitalization, which you refused. Instead he treated you as best he could as an outpatient.
Considering the above I have to conclude that a sincere effort was made to assist you to compensate for any harm that might have resulted from your first treatment by Dr. S. Therefore, I cannot in good faith recommend that any monetary compensation be paid to you.
However, if you still feel aggrieved, then what you would need to do is get a lawyer to pursue the matter in court.
Respectfully,
Paul Rodriguez (Ombudsman)
131 CASE NOTE
CASE NO 504
The question of which takes precedence, a bilateral agreement between the country of Belize and another country or the relevant provision of the Constitution of Belize became an academic question, when the Chairman of the Belize Medical Council informed the Ombudsman that the Council had agreed to issue a practitioner’s license to a Cuban doctor who had married a Belizean.
Signed:
Paul Rodriguez (Ombudsman)
132 INCOME TAX DEPARTMENT
Case No 560 Issue: Complainant asked to pay the same amount twice.
CASE NOTE
CASE NO 560
When a citizen complained that he was being charged tax with overdue interest for an amount he had already paid, a quick check was made at the Belize City Income Tax office. The records showed that indeed the amount had been already paid, the taxpayer was so informed and the Ombudsman closed the case.
Perhaps an apology should have been made to the citizen for the inconvenience caused.
Signed:
Paul Rodriguez (Ombudsman)
133 Case No 524 Issue: Refund overdue from 1998
Letter
Ref 524/EEOMB/2001
1 August 2001
Mr. Erick Eusey Commissioner of Income Tax Income Tax Department Complex Building, Mahogany Street Belize City, Belize
Dear Sir:
RE: INCOME TAX REFUND CPL. HOWELL GILLETT
Cpl. Howell Gillett now stationed in the Cayo District and living at 11 Stanton St., San Ignacio, has asked me to intercede on his behalf. Since 1998 an outstanding refund of $74.00 has been due to him. I am sure that this has been an oversight. Could you kindly cause this matter to be settled as soon as possible.
Respectfully,
Paul Rodriguez (Ombudsman)
On 31 October, 2001 the Ombudsman was informed that the refund had been received.
134
IMMIGRATION DEPARTMENT
Case No 537 Issue: Immunity from expulsion
CASE NOTE
CASE 537
This case concerned the illegal expulsion of two Belizeans, banana plantation workers of southern Belize, who were active in the nascent labour movement for banana industry workers. Three other persons, two permanent residents and one alien were also expelled.
Together with the Human Rights Commission, SPEAR, and the National Trade Union Congress of Belize, the Ombudsman made an appeal to the Prime Minister, who rescinded the expulsion order and ordered the persons be returned to Belize.
The Ombudsman therefore closed the case on 23 October, 2001.
Signed:
Paul Rodriguez (Ombudsman)
135 Case No 619 Issue: Repatriation of undocumented aliens
Letter
Ref 619/PCOMB/2002
4 February 2002
Mr. Paulino Castellanos Director, Immigration Department Belmopan, Belize City
Dear Sir:
RE: UNDOCUMENTED ALIENS FROM HONDURAS
Last night, 3 February, the Belize City police raided a residence where they found ten (10) undocumented aliens. An eleventh was not present, and therefore was not arrested.
I would like to suggest that in celebration of the visit of the President of Honduras to our country this week, as a gesture of solidarity and of goodwill, these persons be returned to their country immediately without being incarcerated.
Respectfully,
Paul Rodriguez (Ombudsman)
Cc. Hon. Assad Shoman, Minister of Foreign Affairs Hon. Maxwell Samuels, Minister of Immigration
136 PROSECUTION DEPARTMENT
Case No 339 Issue: Conscientization of caregivers Who handle cases involving children.
Letter 11 January 2000
Dear Sir:
RE: REGINA VS MR. X. – CARNAL KNOWLEDGE ETC.
Following the complaint of a citizen that the violator of a child was accused only of damage to property, the Ombudsman initiated an investigation into this case. Of particular interest to me was your memo of 10 August 2000, CP/00 (228). I found this memo unsatisfactory on these grounds: -
1. In paragraph 3 where you draw an inference i.e. “The inference to be drawn here is that the incident occurred a long time ago.” Apparently you failed to perceive another interpretation, i.e. “that it is entirely acceptable that a child would not remember such a detail as a date. However, she might remember exactly what the adult did who had sexual intercourse with her.
Perhaps it was not your fault that such important details were omitted from the statement, but then instead of issuing an instruction on how to proceed, you should have required that the investigating office do more work and give you more information.
2. In paragraph 4 you find it “inexplicable how she would make such a serious mistake between sometime during the year 1999…”. However, I see nothing strange in this: let us remember that she “she” in question is a child.
3. In paragraph 5, you refer to a hymen tear and her non-reporting of the incident. Are you implying here that the child is bad and deserved what she got?
I need to report this matter to the National Assembly, but I would prefer to discuss it with you before I finally decide if this should be done.
There are serious issues involved here, which you seemed to be unaware of; but they have been forced upon my attention by responsible people in the Toledo community:-
137
1. Should the “when” of evidence in cases of carnal knowledge of a child be as important as the simple fact that the act did take place?
2. Shouldn’t every case of carnal knowledge of a child be regarded as rape? Lack of consent is of the essence of the crime of rape. Because a child cannot legally give consent to sexual intercourse, every act of sexual intercourse with a child is an act of rape.
3. Getting a conviction in court is not a matter of having good statistics to show, but a question of justice. Therefore, the main focus of our prosecutors should be to ensure that as thorough an investigation is done. It is far too easy to send back a file giving instructions which too easily bypass the courts of our land. It also opens our prosecution Branch to public perception of failing to act for corrupt purposes. Generally speaking, it is much safer for society if the matter is aired in court.
4. The Nation of Belize is committed to the protection of children and families, and all personnel involved in the delivery of justice must do its part fully and conscientiously to carry out this sacred mandate entrusted to us by the people. Anything less constitutes a dereliction of our sworn duty.
Respectfully,
Paul Rodriguez (Ombudsman)
138 Case No 545 Issue: The complainant should not have expected compensation out of a police traffic case in the lower court.
Letter 4 March
4 March 2002
Dear Mr. T,
In dismissing the case against E, who was the driver in the accident when you were injured, the Magistrate then advised you to sue the gentleman to claim for damages. This was good advice you should have followed. I repeat it to you.
Respectfully,
Paul Rodriguez (Ombudsman)
CASE NOTE
CASE NO 400
Mr. E and his wife on 18 January complained to the Ombudsman that a charge of indecent assault against one of the teachers of the school where their daughter attends was dismissed by instruction of the office of the Director of Public Prosecution for want of corroborating evidence.
Having interviewed the child and found her mature enough to say what had happened to her, the Ombudsman became convinced that the person accused of molesting the child was indeed guilty of what he had been charged with. He therefore recommended that the teacher be removed from the classroom or be retired in the public interest.
Signed:
Paul Rodriguez (Ombudsman)
139 MINISTRY OF WORKS
Case No 555 Issue: Restoring damage to private property.
Letter
Ref 555/MMcOMB/2001
15 October 2001
Mr. Michael McKenzie Ministry of Works Freetown Road Belize City, Belize
Dear Mr. McKenzie:
RE: COVERING HOLE MADE FOR WELL, BISCAYNE VILLAGE
Mr. Austin Gillett, whose property is affected has claimed to me that two years ago a hole was dug in front of his house, when an unsuccessful search was being made for water. The effort was abandoned, and the hole was capped. Subsequently while doing work, a roller belonging to the Ministry rolled over the capping and broke it, resulting in the flooding of his yard. He claims that you promised to repair the damage, but have not yet done so.
Could you kindly look into this matter and let me hear from you.
Respectfully,
Paul Rodriguez (Ombudsman)
140 TREASURY DEPARTMENT
CASE NOTE
CASE NO 487
This case concerns the inability of the complainant to borrow the originals of sickness claims from the Accountant General’s Office to establish sickness claims.
As a result of the Ombudsman’s intervention, the complainant was provided with the information he needed, and his claims were processed.
Signed:
Paul Rodriguez (Ombudsman)
141 TRANSPORT DEPARTMENT
Case No 503 Issue: No one is above the law?
Letter 17 July, 2001
Ref 503/GCOMB/2001
17 July 2001
Mr. Guadalupe Chan Poinsiana Street, Ladyville Belize District, Belize
Dear Mr. Chan,
Enclosed please find a copy of a letter from Transport Commissioner Arthurs. Note especially paragraph 2, which claims that the Department has served many violation tickets against Novelo’s.
I look forward to your comments.
Respectfully,
Paul Rodriguez (Ombudsman)
Letter 6 July 2001
Dear Mr. Rodriguez:
Reference your letter 503/GAOMB/2001 dated 27th June 2001 “Complaint of Chan & Co. Bus” the Department of Transport has received many complaints from Chan Bus Company over the past eighteen (18) months concerning Novelo’s Bus Company operating buses between Ladyville and Belize City.
To date, we have informed Novelo’s Bus Company on many occasions and the Department’s Traffic Wardens have served many Violation Tickets and Summons to Novelo’s operators for operating buses in Ladyville without a valid Road Service Permit.
142 Please note that Novelo’s Bus Line have Road Service Permit to operate from Belize City to Corozal and vice versa on daily basis but does not have short runs from Belize City to Ladyville, Sand Hill, Biscayne, etc.
The Department will continue to enforce the traffic laws of Belize.
Respectfully,
______Glen B.S. Arthurs (Commissioner)
Case No 359 Issue: No one is above the law?
Letter 26th October 2000
Ref 359/GAOMB/2000
Mr. Glen Arthurs Commissioner, Transport Department Belmopan
26 October 2000
Dear Commissioner:
RE: VIOLATION OF SCHEDULES BY NOVELO’S AND WESTERN BUS LINE
In a meeting the Ombudsman had with Mr. Juan Manuel Santos, President, Western Border Taxi Association and Inspector Edward Broaster on Monday, 23 October 2000, Mr. Santos complained of repeated violations of the schedules by the above two companies. In the interest of fairplay and to ensure that no person
143 acts as though he is above the law, I would suggest that you look into this matter as quickly as possible. Thereafter I would appreciate a copy of your findings.
Respectfully
Paul Rodriguez (Ombudsman)
cc. Minister Maxwell Samuels Cabinet Secretary
144 SUPERVISOR OF INSURANCE
Case No 579 Issue: A matter to be settled in court.
Letter
27th December 2001
Dear Mr. B:
RE: CLAIM AGAINST HOME PROTECTOR
I have investigated your claim against Home Protector Insurance Company concerning damage to your home and vehicle resulting from a traffic accident.
The insurer has denied the claim on the basis that the driver was not an authorized driver as the vehicle was stolen.
You would therefore need to settle this matter in court by getting a lawyer to sue Mr. E, who was driving the vehicle.
Respectfully,
Paul Rodriguez (Ombudsman)
145 RECONSTRUCTION AND DEVELOPMENT CORPORATION
Case No 365 Issue: Don’t handle public assets in an Informal Way.
CASE NOTE
CASE NO 365
This complaint concerns the complications that may arise when public agencies carry on public business involving public assets in an informal way.
As a reward for doing certain works, the Reconstruction and Development Corporation, promised to lease to the worker a plot of land. Whatever payments were due to him would be put toward the lease-purchase of a parcel of land. When the administration changed, no one knew of this commitment. The sale of the land to another person was started.
After the Ombudsman recommended that the agreement Recondev had made with the second person was a binding contract, details of the first commitment started to surface, including a letter from a former Chairman who affirmed the claim of the first. Finally, after the second person could not live up to the terms of the agreement to build a house on the land, the Mayor of Belmopan brought the matter to a resolution by instructing the Manager of Recondev to restore the parcel to the first party and to assign another parcel to the second.
Signed:
Paul Rodriguez (Ombudsman)
Case No 248 Issue: A binding agreement
CASE NOTE
CASE NO 248
Perhaps this case would have been resolved many months ago, if the Ombudsman had been communicating with the Manager instead of the Chairman of Recondev. Or perhaps, whatever letters he sent to the Chairman, should have been copied to the manager.
146
After waiting more than one year, the matter was finally resolved in favour of the complainant, and he received a refund.
The issue involved was a commitment made by a public body, which the Ombudsman regarded as binding, in spite of the lapse of a few years – three (3).
Signed:
Paul Rodriguez (Ombudsman)
UNIVERSITY OF BELIZE
Case No 438
A doctor (PhD.) who felt that a promotion had been unfairly denied her complained to the Ombudsman.
After extensively investigating the matter and consulting with the parties concerned, the Ombudsman obtained the assurance that the promotion was forthcoming. He closed the case, although the complainant sought the services of an attorney to sort out related financial matters.
147 THE BELIZE CITY COUNCIL
Case No 613 Issue: May the Belize City Council intervene When one citizen allegedly encroaches upon the property of another?
Letter Ramclam to Ombudsman
Dear Mr. Paul Rodriguez:
We acknowledge with thanks receipt of your letter dated 24th January 2002 in respect of complaint made by Mrs. D. involving encroachment by her neighbour Ms. K on her private property.
The inspection Report submitted by our Valuation Department states inter alia:
Upon checking the common side of both parcels it is visible that a zinc fence erected by Ms. K on her lot is encroaching on the property of Ms. D both of a Belize City address.
We have examined our laws and our authority to address encroachments which restricts us to those on a street. (Please see attached copy of section 26 of the Belize City Council Act)
As you will appreciate this matter involves two private parties, and presently no legislation authorize us to enter and stop any encroachment except for public health purposes.
It is our considered opinion nonetheless that Ms. D. should take out a civil suit against Ms. K, and the cause of action would be erecting an encroachment and trespassing.
With the approval of His Lordship Mayor Fonseca we can offer some assistance in preparing the civil suit.
We trust that we can be of further help in this matter.
Your faithfully,
______H. Ramclam (Legal Counsel)
148
Ref 613/DFOMB/2002
6 February 2002
Mrs. Dorothy Flores 6113 Dolphin Drive Northern Highway Belize City, Belize
Dear Mrs. Flores:
RE: NEIGHBOUR’S TRESPASS
I am enclosing a copy of a letter from the Belize City Council signed by Mr. Ramclam, Legal Counsel for the City Council. I have marked the last three paragraphs to indicate what you must do as soon as possible.
Therefore go to Paslow Building; ask for Mr. Ramclam at the Municipal Court, and he will help you to take out this suit. There may be a small fee of about three dollars.
Best wishes!
Respectfully,
Paul Rodriguez (Ombudsman)
149 Case No 542 Issue: Is the Council responsible for safeguarding life and limb of persons who use their facilities?
CASE NOTE
CASE NO 542
This case concerns the safeguarding of life and limb in public places by government agencies that manage these places. A complainant reported the injuries she received by slipping off the ramp at the back of the Commercial Building facing the river.
Immediately the Ombudsman acted upon the complaint but later learned that he had addressed the concern to the wrong agency, without the cooperation of that agency. Upon learning that the Belize City Council was still in charge of the Commercial Centre, he wrote a letter to the Mayor who answered within a few days. In a telephone call some days later the manager of the building informed the Ombudsman that the Council would break up the ramp and build stairs.
The Ombudsman then closed the case.
Signed:
Paul Rodriguez (Ombudsman)
Case No 481 Issue: Is the Council responsible for abating nuisances?
CASE NOTE
CASE NO 481
When a resident complained against the noise that a poolroom, bar and disco generates in her neighbourhood, especially on weekends, the Ombudsman alerted the municipal authorities. They wrote the owner as follows:
150 Dear Sir:
Over the past months we have been receiving complaints from residents within the vicinity of M.J.’s pool that the music is being played too loud and is a nuisance especially on weekends.
In July we spoke to you about it and we thought that the matter had been resolved.
Today we obtained another complaint which was channeled through the office of the Ombudsman.
In view of the persistence of the complaints and the gravity of the nuisance we would like to quote the relevant section of the intoxicating Liquor Licensing (Sound Proofing of Premises) Order which states inter alia that all licences issued under the Act authorizing the consumption of liquor on the premises shall be subject to the condition that if loud music is played on the licensed premises, such premises shall be soundproofed to the satisfaction of the Board.
In view of the foregoing provisions we are requesting
-that you lower the volume of your music especially on weekends.
-that you adhere to the conditions of your license, and that
-where possible you improve the soundproofing of your premise.
Your failure to comply or your willful refusal to abate the aforementioned nuisance will result in the recommendation of forfeiture of your license.
Respectfully,
H. Ramclam (Legal Counsel)
151 VILLAGE COUNCILS
San Pablo Village
Case No 452 Issue: A complainant accused a village official of a corrupt act but was unable to provide proof.
Caye Caulker
CASE NOTE
CASE NO 451
This case concerns favouritism shown to one disco at Caye Caulker by the Liquor Licensing Board. A special License was being issued to one disco, which had not complied with the Soundproofing regulation, while another that had was being denied the same kind of licence.
After our investigation the complaints of favouritism ceased and the Ombudsman closed this file.
Signed:
Paul Rodriguez (Ombudsman)
CASE NOTE
CASE NO 620
This case concerns a citizen’s complaint against the Caye Caulker Village Council and clearly demonstrates that the Ombudsman does not always agree with the complainant. As in this case, the public authority is sometimes right.
When the Village Council Chairman issued a removal notice to clear the beach at Caye Caulker from all obstructions, a villager complained to the Ombudsman. Immediately he contacted the Village Council Chairman who told him the reason
152 why the person was being removed from the beach. The Ombudsman agreed with the decision of the Chairman and wrote him the letter that follows.
Signed:
Paul Rodriguez (Ombudsman)
Letter
Ref 620/FMOMB/2002
4 February 2002
Mr. Fermin Marin Chairman, Village Council Caye Caulker, Belize District Belize
Dear Mr. Chairman,
RE: VENDORS ON BEACH AT CAYE CAULKER
Further to our telephone conversation Marin/Rodriguez, I would like to suggest that as soon as it may be arranged you have a Village Council meeting to table a resolution, which would be debated; and which would give all villagers an opportunity to see the wisdom of your action to discourage the practice of cluttering the beach with permanent fixtures of any kind. This would also strengthen the legality of your action.
Respectfully,
Paul Rodriguez (Ombudsman)
153 SOCIAL SECURITY
Case No 453 Issue: Is Social Security still responsible, although an employer is not paying contributions on behalf of the employee?
CASE NOTE
CASE NO 453
This case concerns the claim of a contributor to Social Security who suffered an accident and believing she was entitled submitted a claim, which was disallowed.
When the Ombudsman heard the complaint, at first it seemed merely a matter of non-compliance by the former employer of the complainant with the correct termination of employment obligations. However, one thing led to another, and the employer’s failure to pay Social Security contributions surfaced.
At the end of his investigation the Ombudsman could not sustain the complainant’s claim for accident benefit. 1. because of the lateness of filing for the claim; 2. because a medical report made the credibility of job related injury doubtful.
Signed:
Paul Rodriguez (Ombudsman)
154 Case No 602 Issue: Did he qualify for retirement pension?
Letter
Ref 602/NGOMB/2002
18 January 2002
Mrs. Nardia Garcia General Manager, Social Security Board Belmopan, Belize
ATTENTION: MRS. GONZALEZ
Mr. Robert Samuels of 4082 Sibun St., Belize City has complained to me that upon checking about his retirement benefits upon the termination of his services by Romel Berges of Berges Tracking, he was told that unless he had vouchers or receipts to prove that he had been working with Mr. Berges for ten years, there was nothing that could be done for him.
However, I have been informed by the Labour Department that the burden of proof in cases involving both Labour and Social Security falls to the employer.
Also, it seems to me that a careful check needs to be made of the records of the employer to see if he has been complying with the requirement of the law to pay Social Security.
Kindly inform my office what the position on this case is.
Respectfully,
Paul Rodriguez (Ombudsman)
155 CASE NOTE
CASE NO 602
This case concerned the claim of a citizen for retirement benefits from Social Security. A search was made of their records to show whether he qualified or not. It was discovered that he did not.
The Ombudsman therefore closed the case.
Signed:
Paul Rodriguez (Ombudsman)
Letter
Dear Mr. Rodriguez:
According to your letter, Mr. Samuels claims that he worked with Berges’ Trucking Services for ten years. When he visited us along with Mr. Castillo he said that his employment with Berges commenced in 1991, but he cannot recall the exact period.
Mr. Berges will be 60 years old on July 27, 2002 at which time he can claim Retirement Benefit. However, his present employment history does not meet the qualifying conditions for a retirement pension, which are:
Have 150 paid contribution and a total of 500 paid and credited contributions.
A Retirement Grant, which is a minimum of $800.00 is payable to persons who do not meet the qualifying conditions for a retirement pension; a minimum of 26 contributions must be paid.
156 Mr. Berges was advised to claim for a retirement grant when he attains his 60th birthday on July 2002.
Sincerely,
______Ms. A. Gonzalez District Manager Belize District
Cc: Mrs. N. Garcia General Manager – SSB
Mr. Robert Samuels
157 THE OMBUDSMAN AND THE PRIVATE SECTOR
His jurisdiction according to the present law, Act No 7 of 1994, does not empower the Ombudsman to investigate cases in the private sector. However, he has from time to time used his good offices to help complainants understand the issues they raise and how they might resolve their grievances.
There were 11 such cases.
Case No 482 Issue: A complaint must be first made to the Labour Department. 2 July 2001
Dear Ms. G
Thanks for the confidence you have shown in the Office of the Ombudsman by lodging your complaint at our office.
However, before an investigation is initiated by the Ombudsman, you need to have exhausted the ordinary channels open to every citizen to obtain redress for a grievance. In labor matters, you should first of all complain to the Labor Inspector nearest you. If after they examine your case, you still are of the opinion that you have not obtained justice, then the Ombudsman will look into the matter. So kindly go and lay your grievance at the nearest branch office of the Labor Department.
Respectfully,
Paul Rodriguez (Ombudsman)
158 THE OMBUDSMAN FOR BETTER GOVERNANCE
Has governance improved in Belize?
What criteria should be used to answer yes or no?
Cooperation with the Ombudsman’s Office is one criterion. The more this is expressed through full disclosure of all pertinent documents, the more fully is transparency in administrating public affairs likely.
Public Officers should know that their promise of confidentiality is not affected by disclosures to the Ombudsman. The Ombudsman Act, No 7, of 1994, Section 18 (4) says:
“(4) Subject to provision of this Act, any obligation to maintain secrecy or any restriction on the disclosure of information or the production of any document or paper or thing imposed on any person by or under any law shall not apply in relation to the disclosure of information or the production of any document or thing by that person to the Ombudsman for the purpose of an investigation; and accordingly, no person shall be liable to prosecution for an offence under any such law by reason only of his compliance with a requirement of the Ombudsman under this Act.”
159 73 OPEN FILES
Lands Department 24 Files Police Department 21Files Housing & Planning Dept. 3 Files Family Court Administration 6 Files Ministry of Public Service 1 File Department of Corrections 3 Files Belize City Council 1 File Ministry of Sugar Industry 1 File Labor Department 3 Files B.D.F. 1 File Ministry of Health 1 File Magistracy 2 Files Private Citizen 1 File Liquor Licensing Board 1 File Village Councils 3 Files Belize Broadcasting Authority 1 File Roman Catholic School Management 1 File Ministry of Immigration 1 File Auditor General 1 File
160 CITIZENS COMPLAIN
INFORMAL COMPLAINTS
Mr. K came to seek the assistance of the Ombudsman. He said that he had been layed off by Brodie’s because he was not Belizean. He told the Ombudsman that his father is Belizean. The Ombudsman checked with the Manager, to confirm what Mr. K was saying. He said that he had given Mr. K. more than one opportunity to regularize his immigration status. The Ombudsman then explained to him how he should go about claiming his Belizean citizenship.
On 12 April, 2001, Ms. A of a Belize City address sought the help of the Ombudsman. Inmate of Hattieville Prison, he had been charged $1,000.00 for an immigration violation. Relatives in the States sent the money for him to pay the fine, one sending $300.00, which a Prison Warder in a district town offered to collect from Western Union to pay the fine. Instead he pocketed the money. The Police was made aware of the problem. They ensured that the warder, refunded the money.
When Mr. Z along with Mr. A were charged with committing an unnatural act, Mr. Z appealed to the Ombudsman for help. The Ombudsman recommended him to attorney Ms. A. Moore who represented him and pled his case successfully.
Mr. X of a San Ignacio address came to seek the advice of the Ombudsman. He works with the Ministry of Works, San Ignacio. He is burdened with debts, including income tax. The Ombudsman advised him that there was nothing he could do to have his taxes cancelled. Taxes had to be paid.
Mr. W of a Belize City address sought the help of the Ombudsman. He claims that someone is squatting on a parcel of land that is the street that is an obstruction to his property. The Ombudsman informed him that he had checked on that parcel for someone and he and Mr. Lionel Castillo found no survey marks. He encouraged Mr. W to have his property surveyed so that he could convince the squatter whether he was on his land or not.
Mrs. Y of a Corozal address phoned the Ombudsman to report that her three sons had been brutalized by the Corozal Police. When the Ombudsman telephoned Superintendent Westby, he promised to send the son that had been knocked unconscious to the hospital. The Ombudsman urged the Superintendent to also send his officers who had been injured to seek medical
161 help and procure a doctor’s certificate to show that their use of force may have been justified.
Mr. D. of a Caye Caulker address surrendered himself to the Ombudsman because he had failed to show up in court to answer charges against himself. Mr. Castillo took him to Magistrate Hewlett who sentenced him to 11 months imprisonment, because he was unable to pay the fines.
Mr. Z of a Sandhill address complained that the Family Court is forcing him to maintain 2 children of Ms. J who are not his. The Ombudsman gave him a letter to the Director of Family Court stating that he was willing to submit to a paternity test.
Mr. O of a Punta Gorda address sought the help and advice of the Ombudsman. The Belize Bank will auction his home today, 23 May, 2001. He made a business loan guaranteed by Mr. L. The business did not get off the ground. The Ombudsman advised him to seek the help of a lawyer.
Following upon a complaint from the Human Rights Commission concerning the isolation of girls at the Youth Hostel, the Ombudsman on 7 June, 2001 visited the institution and found 2 girls locked up. One was a 14 year old from Punta Gorda. She had just been re-captured after escaping. She had not been allowed to exercise. The other girl, was also a fourteen year old, she had not been allowed to exercise the previous day. On Monday, 11 June 2001 the Ombudsman phoned and was told that after he left all the girls were taken outside for exercise. On Tuesday 12 June the Ombudsman visited unannounced and found no one in isolation lock-up.
Mr. Z sought the help of the Ombudsman. Two of his six children were knocked down by a vehicle owned by BEWEL. Although the company had paid for some medical attention, he felt that they needed more. The Ombudsman visited his home and saw the two children and agreed they seem to need more help. The Ombudsman contacted the manager of the company who agreed that his company would provide the care necessary for the children.
2 July 2001 Ms. M. of Punta Gorda Town complained that her son returning from the States was being charged over one thousand dollars for 234 CD disks. Mr. Castillo checked with the Customs Dept. and found out that the action of Customs was justified.
162 When Mr. A appealed to the Ombudsman to have his golf cart, impounded by the Caye Caulker Police, released, the Ombudsman spoke to PC. Guzman, who said that the officer in charge was in Belize City. When he phoned on Friday 6 July 2001, the Ombudsman was informed that the golf cart had been released to the Chairman of the Village Council.
When Ms. C. of a Punta Gorda address complained that the Punta Gorda Liquor Licensing Board denied her a license because of a prejudiced report from the health authorities, the Investigator called the chairman and urged him to check the premises himself. As a result the complainant was granted a license.
Ms. K of Burrel Boom sought help because a check that her tenant gave her was returned to her for insufficient funds, the bank requiring that she make it good. Contact was made with the person who gave her the check and he agreed to make it good to the woman, who was required by the bank to pay the amount they paid to her.
Ms. P of a Belize City address sought help to recover a bail paid by her daughter for her brother, who failed to show up for trial. The bail was therefore forfeited. She was advised that decision was a court judgment that only the court could change.
When Mrs. D from Belize City, sought help because her daughter was seriously injured in a traffic mishap by a vehicle owned by Mr. S, the Ombudsman Office did some investigation and found out that the wrong insurance company had been targeted to pay compensation. It was the ICB and not Regent, who were the insurers. Mrs. D was assured that her daughter would be paid compensation in a few days.
The father of X, inmate of Hattieville Prison, who escaped and was recaptured 9 July, 2001, appealed to the ombudsman to help his son who was in custody and in need of dry clothes. The Ombudsman spoke to Sgt. Augustine who agreed to allow X to receive dry clothing.
Mr. B. of Belize City lent his vehicle to Mr. F. who allegedly was involved in the committal of crimes. The Police had the vehicle held. The Ombudsman advised the complainant to go see Supt. Jefferies to learn why the vehicle was being held.
163 Ms. H. concerned about the whereabouts of her son, came to the Ombudsman to seek help. The Ombudsman called Supt. Westby and found out that while he was in Corozal awaiting trial for a case of burglary, he committed another crime. He was identified by a witness in a lineup. He would be tried Friday Morning, 13 July, 2001.
A citizen of Benque Viejo Del Carmen, called stating that Mr. N. was being tortured by the Benque Police. The Ombudsman spoke with Inspector Broaster, who stated that he was being vigourously questioned but not being beaten.
Mrs. K sought the assistance of the Ombudsman to collect her husband’s benefits following his death on 4 April, 2001. He was a teacher for 17 years at the Francis Xavier Primary School, Corozal. The Ombudsman contacted Mrs. Price at the Accountant General’s office to seek her help to expedite the processing of the documents. He also called St. Francis Xavier Credit Union to encourage them to hasten the processing of the CUNA benefits. The Manager, Mr. Canul, assured the Ombudsman that he would facilitate Mrs. K. with advances of cash to meet urgent expenses, provided they did not amount to more than what the benefits would amount to.
On 23 July, 2001 Mr. E of Belize City came to the Ombudsman to give himself up to the Police. He explained that he was afraid because he was shot at twice by Hattieville Police, by Cpl. Augustine and Pc Bell. The Ombudsman made arrangements for him to surrender himself. PC Alvarez informed the Ombudsman at 4:30 P.M. when he called that Henry had given up himself and gotten bail.
Mrs. Y of Ladyville, sought the help of the Ombudsman in a labour matter. She had been working with Nova for fourteen years and resigned when she was demoted. She was asking advice concerning her years of service compensation. The Labour Inspector supplied information to the Ombudsman showing that none of the past 8 years Mrs. Y had worked the required 180 days each year. Mrs. Y was then satisfied that she did not qualify for compensation.
Ms. X sought the help of the Ombudsman to remove a squatter from her land. The Ombudsman informed her that since the Lands Department had already made the person know that he was illegally in possession of that land, she would have to take him to court.
164 Mr. Y of a Belize City address objected to his wife’s name being wrongly spelled on the Social Security Card of his two daughters. The Ombudsman called Mrs. Riverol of Social Security and she requested that Mr. Y come over to fix the cards.
Mr. K of Sandhill Village, came to seek the advice of the Ombudsman. On the word of a person handling stolen goods, one known as “Red boy,” the Policeman, P.C. Moore of Maskall, in the presence of the Village Council Chairman of Bomba, broke into his home to search for drugs. The Ombudsman advised Mr. K. to overlook this incident since the Police do have the authority to search without a warrant when they are looking for drugs. Also the officer showed respect and restraint by seeking out the most available responsible person to witness his action.
Mr. H of Corozal District, sought the assistance of the Ombudsman to get a postmortem for his younger brother who died after a traffic accident. The accident took place on Friday night in Carolina Village and the driver of the vehicle was the son of Minister Valdemar Castillo. He had been in Belize City trying to get the body for burial. The Ombudsman advised him to make a private arrangement with Dr. Estradabran, the forensic specialist, and drove Mr. H to the doctor’s private office after making contact by phone.
When Mr. Y of Hattieville, sought the help of the Ombudsman, he told him that he was willing to surrender to the Police at Hattieville, provided his rights would be respected. The Ombudsman arranged the surrender with Cpl. Augustine. Mr. Y was wanted for drug possession.
On 1 August, 2001 Mr. G sought the help of the Ombudsman in a private dispute between Mr. G of Belize City, who came to his office, and a certain Mr. C also of Belize City. The dispute arose out of circumstances involving carpentry work Mr. G was going to perform for Mr. C, who had paid Mr. G $150.00. It seems that Mr. G was taking too long in the gathering of the lumber; Mr. C. took the job away and requested his money back. Mr. G refused saying that was to pay for his buying of the lumber. The other party therefore felt justified in keeping his tools, opining that the buying of the lumber was not worth $150.00. The Ombudsman advised that Mr. G seek the intervention of Supt. Rosado. That failing he should take out a suit in the Magistrate’s Court.
165 Mr. P of Orange Walk sought the help of the Ombudsman. The U.S. Embassy had denied him a visa. The Ombudsman explained there was nothing he could do to force the U.S. Government to give him a visa.
Ms. D of Belize City, sought the advice and help of the Ombudsman because a rival lover of a policeman was threatening to kill her baby. She believed that a rape perpetrated against her was instigated by the rival Ms. V and therefore seemed to be justifiably afraid. The Ombudsman told her this was a matter she should report to the Police, after he spoke to AIP Augustine.
Mrs. Y. and her husband sought the help and the advice of the Ombudsman in obtaining title to parcels of land that they have possessed since 1979 in Scotland Half Moon. The Ombudsman urged Mr. Y to dress up with a tie and go offer to buy the land.
Mr. G phoned from Orange Walk seeking the help of the Ombudsman. One of his players on his team, which was to play in Belize City that night was in police detention in Orange Walk. The Ombudsman spoke to Orange Walk Police and they informed him that the athlete had been detained until then for failure to give his name to the police. They would allow him bail if he cooperated.
On Sunday, August 12, Mr. P complained vehemently of Police entering his home by breaking down his gate, without a search warrant. They were searching for guns and ammunition. When the Ombudsman phoned his home, he was told by a female that the Police had already left and that she had no reason to be upset against the police.
Ms. Y from Orange Walk Town complained that the police had arrested her son on drug possession unfairly because they had found nothing on him. The Ombudsman contacted the Police and they informed him that when they were about to apprehend K, he tried to get rid of the drugs but failed.
Ms. F of Belize City, called to seek help regarding the funeral of her uncle Mr. Z, who was allegedly killed in an accident involving a Crystal vehicle. Bowen & Bowen contributed $2000.00 for funeral expenses, which she thought was not enough to cover the expenses of hiring two buses to transport relatives to Corozal. The Ombudsman advised her to seek compassionate help elsewhere, because only a court of law could force Bowen & Bowen to contribute more at this time.
166 On 15 August, Ms. R, of Orange Walk Town, sought the help of the Ombudsman. Her son had gone to a friend’s house between 3-11 P.M. on Friday and the Police raided the place, but his son was no part of the drug trafficking. The Ombudsman explained the law to her and advised her to get a lawyer to fight her son’s case to prove his innocence.
On 15 August Mr. X of Ladyville, sought the assistance of the Ombudsman. A Minister’s driver had, assaulted him with a gun in his hand, and so far the Police had not arrested him, in spite of his complaint. The Ombudsman phoned Supt. Rosado, who said that he was working on that case; and an arrest would be made. An arrest was made.
Ms. G of a Belmopan address complained that 4 Dragon Unit men arrested Mr. D, and took him away after they had found no drugs. He had $2200.00 in his possession. They took him to the Income Tax Dept, where half of his money was paid into revenue. Mrs. Ordonez of Income Tax Department explained that a joint unit of different security services were doing the above sort of thing to combat crime. However, she would investigate and report to the Ombudsman. She later said that his money had been returned to Mr. D.
Mr. Z, employee of the Belize City Council, believing that his sickness benefit had been disallowed for insufficient contributions sought the help of the Ombudsman. He accompanied Mr. Z to the Social Security office and found out that the matter of his contributions had been clarified. He had not gotten this week’s payment, because it had not been ready.
Mr. K of Belmopan sought the help of the Ombudsman to recover a deposit of $2000.00 he made at the bank since 1983. The bank claimed to have passed over the deposit to the Central Bank as abandoned property. However, the Central Bank have written a letter denying this. The Ombudsman therefore promised to look into the matter. He wrote a letter advising Mr. K to take the matter to court.
Mr. J of Orange Walk, called on behalf of Ms. L, who was arrested by the Police last night for failing to pay a court fine. She was arrested late at night, forcing her to leave her 6-month old breast fed baby behind. The clerk of Court explained to the Ombudsman that arrangements were being made for her release.
167 Mr. H of Stann Creek, complained that on 1 August the Police, especially Sgt. Vidal and PC Perez came to his home looking for drugs, because they suspect that he is in partnership with his brother Mr. N, a boat captain, who they also suspected. He did not mind that the Police should do their job, but he was dismayed at the way they behaved. For instance, they were very disrespectful of his children and would not allow them to dress properly. The Ombudsman reported by phone to Supt. Martinez, who conceded that his men needed to improve their behaviour.
Ms. P, came to seek help to have her son who is ill released from prison. The Ombudsman assured her that steps were being taken to help her son.
On 29 August, upon a complaint by Ms. S of a Belize City address, that her son had been beaten to force a confession of murder from him, the Ombudsman visited the Queen Street Police Station and interviewed M. There were no visible signs of a beating on him, except a cut between his thumb and index finger, which he said had been inflicted by one of the fellows who had beat him up.
Mr. T of Orange Walk, complained that the Police shot him in his leg. This happened on 5 August, 2001, at Nuevo San Juan about 9.P.M. The Ombudsman told him that he would sue the Police, but he had to be careful because he has a bad reputation for provocation and bullying.
Mr. C of Roaring Creek, sought the help of the Ombudsman because all the gratuity he was paid by Ministry of Natural Resources upon the completion of a contract was paid in to Income Tax. The Ombudsman man explained to him that Income Tax has the authority to do this. Upon his interjecting that he did not know he owed, the Ombudsman informed that it is the responsibility of the citizen to find out if he owes taxes. He called the Ag. Commissioner of Income Tax to ask that Mr. Wade be supplied with a year-by-year statement. She agreed that it would be arranged through the Belmopan office.
Mr. M. sought advice. He received burns recently and applied to Social Security to pay his hospital bills. The Ombudsman informed him that Social Security was right in not paying him, because they do not at this time insure against injury for persons who are not working.
Ms. X, wife of policeman Z complained about being beaten by him on the street and being arrested and charged on a complaint by him. The Ombudsman called Inspector Moody and asked him to take a statement from Ms. X.
168 Ms. Y, complained that on account of Dr. X delivery of her baby, the baby’s right arm was injured. This took place at K.H.M.H on Tuesday, 28 August, 2001. The Ombudsman called Mr. Alvaro Rosado, the C.E.O., who agreed to meet Ms. Y on Thursday, 6 Sept.
Ms. B and her father Mr. W of Corozal, came to object to the court’s awarding her ex-common law visitation right with his children. The Ombudsman informed her that she had to comply, that a relationship could be denied the father only if he were found guilty of abusing the children.
Mr. L. sought the help of the Ombudsman. He was paying maintenance to two different women and now had a third with a baby. He was doing the best he could to pay maintenance. Recently a distress want was served against him to cover the arrears. But he has no way of paying the rest. The Ombudsman advised him to place himself at the mercy of the Magistrate.
Upon the complaint of Ms. K, of the U.S.A, of discourteous treatment by officers of the Immigration Department the Ombudsman wrote a letter to the Director of Immigration emphasizing the importance of good public relations to help our Tourist Industry.
Mr. T, sought advice and help to obtain gratuity for his service with the Belize Defence Force. After serving a bit less than 10 years of broken service, he thought he was entitled. Both the Services Commission and the BDF told him he was not. The Ombudsman encouraged him to ask Hattieville Prison to incorporate his BDF service as part of his present one.
Mrs. V, of a Belize City address, sought the help of the Ombudsman. She gave a carpenter $1300.00 to do repairs on her house a month ago. He had done nothing. The Ombudsman took Mrs. V. to report the matter to the Police at the C.I.B.
169 Ms. W, of a Belize City address, sought the help of the Ombudsman. Her 12- year-old son accidentally wounded his older brother. She took him to the Police for counseling, but they also locked him in a cell for the night. The Ombudsman explained that he could have been charged for grievous harm and expressed the hope that the young man had learned a salutary lesson.
Mr. P, of a Belize City address, sought help for his son, a 14 year old with the same name, the Ombudsman called the Cadet Corps to try to get him placed there. He found later out that the young man had already gone by himself to seek admittance.
Ms. H of a Belize City address, sought the help of the Ombudsman. She was terminated from the service of the Belize City Council for being absent in excess of 28 days. However, no consideration was taken of her pregnancy. The Ombudsman consulted Labour Inspector Lord, who had handled the case, and he told the Ombudsman that if the complainant could establish that she has been pregnant, this would change his opinion on the case. The Ombudsman therefore advised Ms. H to go to a doctor and then return to the Labour Dept.
Ms. F of Belize City, would have liked to obtain a birth certificate but her parents are dead and there are no written records of her having been baptized. There are not even school records. The Ombudsman interceded with the Deputy Registrar for Births, and she agreed to meet with her to explore how she might be issued a birth certificate.
170
IMPORTANT PUBLIC INTERVENTIONS
I. Ombudsman Begs Wanted Men To Surrender
On 22 December, 2001, Cpl. Fernando Rosado was allegedly slain by two men the police had been searching for in connection with other murders.
When the Police started a manhunt for Kirk Thompson and Edmund Velasquez, the Ombudsman decided to intervene appealing to the wanted men to surrender to him or an attorney of their choice. He issued the following public statement: -
My fellow citizens,
Some few days ago a citizen perpetrated a crime that should be regarded as a direct attack upon our society. While it is true that any act of violence against any person is an assault on the values which make us a civilized people, the murder of an officer of the law, the guardians of law and order, shows a scandalous disregard for the sacred canons of human behaviour. As a Belizean, and your Ombudsman, the defender of the rights of the people, I deplore this senseless killing of, Cpl. Fernando Rosado, husband and father of 3 little children.
However, we must not allow the heinousness of this crime to drag us into a quagmire of more senseless killing. Therefore, I urge those whose duty it is to uphold law and order to be themselves exemplars and models of this sacred trust. I call upon them to make every professional effort to diligently search for this wanted man and to bring him forward to our Supreme Court, where he will be given a fair and just trial.
Furthermore I issue this call to the wanted men to deliver themselves up.
Come forward and give up yourself to me, and the Ombudsman will do all in his power to see that you are treated fairly and that the Police treat you with the respect and dignity that every human being deserves. Thank you!
171 FUGITIVES FOUND DEAD
The evening of 9 January, 2002 when the bodies of two men were found floating in the Maskal River, the Ombudsman was asked to assist in the identification of the corpses.
The following day he witnessed the autopsies performed on the men and submitted the following report to the Commissioner of Police:
Ref GF/HWOMB/2002
14 January 2002
Mr. H. Williams Commissioner of Police Police Headquarters Belmopan
Dear Commissioner:
REPORT:
1. Viewing of two (2) Corpses at Morgue of K.H.M.H.
2. Witness to autopsy of two (2) corpses on feeder road between Hattieville and Burrel Boom, Belize District, Belize.
At about 11 P.M., January 9, 2002, answering a phone call made to my home by Superintendent C. Jefferies, the Ombudsman, accompanied by Mr. Lionel Castillo, Investigator, went to the Morgue of the Karl Heusner Memorial Hospital to witness the viewing of two bodies.
Persons who were identified to me as mother and father of Kirk Thompson and persons who were identified as the sister and mother of Edmund Velasquez, were there to view and identify the bodies.
172 Kirk Thompson
The first body on the palette was identified by the mother and father as the remains of Kirk Thompson.
The external condition of that corpse appeared to me to be as follows:
a) the right eyeball seemed to be bulging out; b) there appeared to be a wound on the right shoulder near the socket where the arm joins the trunk of the body.
Edmund Velasquez
When the persons identified as the mother and sister of the second body saw him, they could not say whether he was their brother and son.
The Ombudsman looked at the body, and the left eyeball seemed to be bulging out.
2. Autopsy
An autopsy was conducted on the two above mentioned bodies at the place indicated between the hours of 2:30 P.M. to 4 P.M. on Thursday, 10 January, 2002. In attendance were Dr. Estrada Bran, Dr. Martinez, Mr. Jose Aldana (forensic assistant), C.I.B. Chief Supt. Mario Vernon, other police officers, the mother of Kirk Thompson, the sister of Edmund Velasquez, the Hon. Cordel Hyde, Mr. Lionel Castillo, J.P., Investigator Ombudsman Office, the Ombudsman.
The Autopsy was conducted in two (2) phases. First, the exterior of the two corpses, back and front were viewed by all present, including the relatives who were present and the Ombudsman and Mr. Castillo.
Except for the eye on Velasquez and the eye and shoulder of Thompson no other visible signs or marks were present on the cadavers.
When the top skin of Velasquez was scraped off in certain places, the initials EV marked in tattoo were clearly visible. This removed doubt about the identity of the body which had not been identified the night before.
After the viewing of the externals of the corpses, the relatives were asked to withdraw; and the autopsy proceeded with the invasion procedures into the skull, thorax and, the rest of the trunk of the bodies. The following was carefully, noted by the Ombudsman in the case of Kirk Thompson: -
173 1. What had appeared as a wound caused by some external force, as perhaps a bullet, was not substantiated by the evidence of subcutaneous flesh at the corresponding internal spot, which showed no sign of tear, puncture, penetration, or any other manifestation of violence.
2. The bulging eye in the case of Thompson was confirmed to be a manifestation of some natural process, because the inside of the skull, all the lining, the inside skin, the domes themselves were completely unmarked: no tear, no puncture, no penetration, no sign whatsoever of the entry of any object caused by external force.
3. The vital organs appeared to be completely intact, with no sign of penetration, tearing, or discoloration.
Edmund Velasquez
1. The bulging eye which had appeared to be forced out was the result of some natural process.
2. There was absolutely no sign of any object forcefully entering into the head of the corpse. There was no tear, puncture, hole, mark, sign that any object had been forced into the skull of the deceased.
3. The vital organs were intact, without tear, puncture, or any mark of external violence.
Summary:
The teeth and gums of Kirk Thompson were uninjured.
The Ombudsman hereby affirms that he saw no sign on either body that was a mark caused by some form of external force used upon the persons, whose remains were examined.
Respectfully,
Paul Rodriguez (Ombudsman)
Cc. Chairman, Securities Services Commission Hon. Maxwell Samuel
174 2. Chalillo: Build Or Damn
The issue of whether to build the Chalillo Dam is one that has been debated back and forth for the past 2-3years. In view of the importance of an independent electricity supply to our nation, the Office of the Ombudsman thought that members of the public should be offered the opportunity of presenting their views about the dam in an impartial, independent medium such as the Ombudsman’s Annual Report. Below are unedited contributions.
A. I understand that you have asked for short statements on the Chalillo dam issue. As a person who has lived on the Macal River and who make his life in relation to the river, I wanted to describe to you the changes I have seen since the Mollejon Dam was put in, changes I believe will only worsen if more of the river is dammed.
It will affect our livelihood a lot. Talking about myself and my friends in the Cayo District who use that area a lot, along the Macal River – its our bread and butter, in how we live and make a living. The river has changed since this little Mollejon as they call it. The water in the dry season is lower than it used to be; pretty soon we won’t be able to be paddling our canoe. We might take our visitors walking upstream instead of paddling. The rapids in the dry season get so dry that we have our visitors now get out and walk upstream and we drag the canoes over the rocks. Then we put them back in. It is so hard that it is so low.
Another thing is the nasty stuff on top of the water. It is pretty stinky. Before this last year, it was not as bad because we had a lot of rain, but this season it has been dry; we have this algae looking stuff. We talk to the people at the dam site and they say, “oh it come from the orange orchard”, but that is not true, that is fake because the orchard has been there a long time and we did not have that, no matter how low the water got. Now, you see it there for weeks. It comes from the flow of the water itself. The water is not moving like it used to move before. That is the reason for that algae floating on top of the water; and after sitting there it stinks.
We say we take care about our wildlife, and taking care of our fish and all that. Water is going up and down every night. You could see how the water goes up at night about 2-3 feet high so they turn loose the water and you could see a lot of sand pile up where you never see it before. So a lot of our eddies, the deep parts of the river, is filling up with sand and because of the small amount of water those people are releasing the sand is pushed from where it was to drop into th deep parts of the river and there is not enough pressure of water to keep it moving downstream. So it
175 is filling up and that is where all our fish and turtles are living in and eventually these water animals will be leaving; they can’t stay in the low part.
We believe if they keep on damming the river, it will make it worse. Erosion has taken place. Areas where the water used to shoot through before, now you go there its all turnover; you have landslides and it is because the water is not rising the way it should go but it just rises to a certain height and its like hitting on a person’s door. You keep hitting on it at the same spot, it will break down and it is the same with the water. The water hits on the wall and don’t hit where it normally should, eventually that line breaks down and goes into the water. We hope people come see themselves.
Thomas Caretela. Santa Elena, Cayo
Focus On The Chalillo Dam
B. Many thanks for your invitation to summarize my position on the Chalillo Dam. Having served on the board of directors of Belize Electricity Limited for many years, including a term as the Chairman of the Board, I have been a first hand witness to the development of hydroelectricity in Belize. I was member of the team that re-negotiated the original hydro contracts when the “take or pay” amount was reduced from120 million kilowatt- hours to 85 million kilowatt-hours, effectively reducing the cost of hydro power from 26 Belize cents per K Wh to its present cost of 19 Belize cents per KWh.
I am very much in support of the project for the following reasons:
Need for the Dam
The Mollejon hydro plant was originally intended to include an upstream storage at a site called Rubber Camp. The storage was not built because of opposition from environmenalists, and that is substantially the reason why the Mollejon plant cannot produce the amount of energy it was designed to produce. The Mollejon plant is capable of producing more than 140 million kilowatt-hours of electricity with the water that flows down the river, and a power plant at Chalillo will provide an additional 25 million kilowatt hours. For example, the Mollejon plant supplied all of the country’s demand through hurricanes Keith and Iris when there was more than enough water.
176 The problem is that a great portion of the water rushes down the river in floods during the rainy season. Similar to the way diesel engines need a storage for the diesel fuel, Mollejon needs a water storage facility to be able to perform all year. After several years of environmental studies, the Chalillo site was chosen to provide the upstream storage even though placing the dam at Rubber Camp could have produced more energy.
Presently, we import about 50% of our energy requirements from Mexico, and even though the Mexican utility CFE has been a good partner, they cannot guarantee us that they will be able to supply that amount of power beyond 2006. In fact, they cannot guarantee us that they will be able to supply that amount of power beyond 2006. In fact, they have been forced to cut us off on occasions because of shortages in Mexico. The demand for electricity has been growing at an annual rate of 12%. To meet this demand, Belize needs to continue to develop new in-country generation sources, and hydro expansion is the best option available to us.
Other Options
There are indeed other options available to us. Belize can continue to build more diesel plants, or we can look to develop biomass sources such as the burning of agricultural waste, wood chips, garbage etc. There has also been much talk about solar and wind power. All these options have been extensively explored, and the hydro expansion is easily the most attractive. Not only is it cleaner, but also it is more reliable and cheaper than the other options. Solar and Wind power schemes are ureliable and require large battery storage to be viable. This makes these schemes very expensive, and presents environmental problems with the disposal of lead batteries as well as the large tracts of land that has to be cleared for these schemes. Similarly, power from burning biomass such as bagasse creates problems with emissions, and is more expensive than hydro power. However, BEL has been working with BSI to try to make the proposed cogeneration scheme a reality. If this scheme turns out to be too expensive, BEL will have no choice but to build more diesel plants.
Economics
The detractors of the Chalillo project claim that the project is uneconomic, but yet they claim that the developers will make billions of dollars in profits. The fact is that the power from Chalillo will cost 11.5 Belize cents per kWh. The average cost of power at present is 17.5 Belize cents per kWh. This consists of a blend of sources as follows:
177 Diesel Power 26 Belize cents per kWh
Mollejon 19 Belize cents per kWh
Mexico fluctuates from 12 to 48 Belize cents per kWh
In addition to being the cheapest alternative, Hydro power is also stably priced. The price of power from Mexico is indexed to oil prices, and the cost of both diesel power and Mexican power fluctuates. Mexican peak power has increased as high as 54 Belize cents per kWh when oil prices doubled last year. BSI is yet to indicate what the price of power from bagasse will be, but indications are that it will be in the range of 14 to 18 Belize cents per kWh. Clearly, any new sources that cost more than the present average will result in increased prices to the consumer. Sources that cost less than the present average will result in reduced prices to consumers.
Many people point to the foreign exchange that the developers of the Chalillo project will be taking out of Belize. However, they are not aware of the millions in foreign exchange that presently leaves the country to pay for Mexican power, and to pay for the transmission lines that were built to bring in the power from Mexico. Millions of US dollars are also required to service the loans that were taken out to buy diesel engines as well as to pay for the diesel, spares, and lubricating oil to run the diesel engines. BSI has also stated that it will need a foreign investor to help it build the proposed bagasse plant, and the energy from the plant will have to be paid for in US dollars.
In closing, I would like to point out to you that the first reduction in the price of electricity took place under my chairmanship in 1986, when we reduced rates from an average of 43 Belize cents per kWh to 41 Belize cents per kWh. Since then, electricity rates have been reduced several times and the present day average is 35.5 Belize cents per kWh. If we want to keep reducing electricity rates in Belize, we must build Chalillo, and continue to seek out other cost effective in-country means of generating electricity.
Respectfully,
______Karl H. Menzies
P.S. It is my honest opinion that everyone who truly loves this beautiful jewel of ours and would like to see it grow brighter will be more than happy to have the Chalillo Dam built. Belize needs additional power, and Chalillo presents the most environmentally friendly, cost-effective way of providing for our needs and allowing the country’s development.
178 Opponents Say Chalillo Dangerous Site For Dam
C. Opponents say Chalillo dangerous site for dam Thursday, January 17, 2002
With the green light given by government and the engineering component of the project already underway, now does not seem to be the most appropriate time to voice opposition to the Chalillo dam. But that has not stopped a number of people from putting out a message of warning to anyone willing to listen. Earlier this week News 5's Janelle Chanona did just that.
Janelle Chanona, Reporting Nestled deep in the Upper Macal River Valley, the quiet that surrounds the proposed site for the Chalillo dam is in direct contradiction to the controversy that continues to swirl around this project.
By all accounts, the debate on Chalillo has shifted from a highly emotional argument to a technical one. While the environmentalists still maintain that the impact to the local ecology would be significant, geological experts now contend that the area itself is unsuitable for the proposed storage facility.
Brian Holland, Geologist "The Mountain Pine Ridge area has been the subject of geologic studies that date back to the early 1950s. All of these geologists had mapped this particular site as being bedded sandstone and shales of permeage."
Brian Holland, a geologist living in Belize, has conducted several independent surveys in the area, and claims his findings conflict with those released by the power company.
Brian Holland "I think that we need further investigations at the site here. If an engineer can come in and say, well we can deal with the faults once they are mapped, we can deal with the fractures once they are mapped, we can deal with the soft-beds once they are mapped, then we have to sit down and look very close at that database.
To get away from the problems that I think are associated with these shales and these very soft irregularly cemented sandstones, I would move into the terrain where we do know we have a granite bedrock, because that granite is going to extend miles down. Now, if you can deal with the faults and the fractures in that, that's a matter to determine through geo- technical investigations and tests."
179 Lynn Young, CEO, B.E.L. "If it is sandstone, it's very good sandstone, it's very hard rock. And if you fly over the area and look at Mollejon and look at the dam, you'll see it's a similar kind of foundation."
Lynn Young is the Chief Executive Officer for Belize Electricity Limited, the company that will operate Chalillo. According to Young, there is no problem with the foundation.
Lynn Young "It sounds to me from what I'm getting now is that there's always this argument among geologists about what to call rocks. The geo-technical engineers and the guys who are designing the dam, what they are more interested in is how hard the rock is. And as we have pointed out, and they have pointed out to us, dams have been built on much less competent foundations than what's there. What is there is excellent foundation for dam building.
It sounds like down at Mollejon, where granite is much closer to the surface, whereas at Chalillo, it might be bigger layer of sandstone metamorphosed as rock. But at the end of the day it's really a question of how competent is the foundation to support a dam."
Another one of Holland's contentions is that the area in and around the dam site is full of faults.
Brian Holland "The area is actually cut by a number of faults and there are substantial fractures here. These are what geologists refer to as joint sects. We've also been able to show you today that the sandstone that I'm standing on, it is indeed a very hard well cemented sandstone, but the degree of its induration of hardness varies as we go towards the riverbanks. In fact, the cementation fades to the extent that we can dig out the sandstone with a hammer."
Lynn Young "Our investigations, and I think we were the first ones to really find out, discovered that there has been earthquakes in the area. And so because of that, the dam is being designed to the California standard, which has one of the highest seismic areas in the U.S. The faults that are there, at least from an engineering point of view, I don't know if the geologists want to call it major faults, but from an engineering point of view, they are not faults that we need to worry about."
While the company asserts that the project is feasible from the ground up, another expert says the rocks in the area to be flooded present another
180 problem.
Jan Meerman E.I.A. Consultant "Basically those limestone hills can be so riddled with caves that you don't know where everything is going. So we're looking at potential leaks."
Jan Meerman is a consultant hired by Ciagra Monenco Power Incorporated that carried out the Environmental Impact Assessment on Chalillo. Meerman spent a week assessing the impact to the ecology by dividing the area into four transects.
Jan Meerman "Close by here where we are sitting now, this is the proposed dam site. We have one transect not too far away from here, just on the other side of the hill and it took nearly a mile to cut this transect to cover the whole area that going to be flooded, because that's how wide the lake will be, so it will be nearly a mile wide. So we mapped everything, we measured all the trees, we identified as much trees as possible and the types of trees. The different types of vegetation will tell you little things, what animals can live there and also the vegetation is dependent on the underlying grounds, the soils, the geology."
Meerman says as part of his report, he noted the presence of limestone outcroppings, but says when the document was forwarded to the National Environmental Advisory Committee, NEAC, those findings were left out.
Jan Meerman "This particular aspect was taken out of the report when it was published. All the findings, the wildlife ecology findings were reported, but the one map that shows the limestone outcroppings disappeared somehow.
In all the ten years that I have been doing environmental impact assessments, I never had it happen that someone would take out findings out of my reports and then pass it on to NEAC. I don't know what the legal stage of that will be, but it's simply not done."
Lynn Young "I don't know anything about that. When we get a consultant to do an E.I.A., they might subcontract people to do work for them, and their report will be based on the information they got from different people that have done the work. But they get various pieces of information from different people and in some cases, they might consider something relevant based on the information they get from another expert or whatever.
I know Ciagra got a geologist that's a specialist in what is called caustic limestone, in this area. He's a world-famous geologist and they had gotten
181 him to go in and look at the limestone in the area and he was pretty satisfied, it was an excellent area for a dam."
But even as requests for additional research are put forward, the dam already has the environmental green light...and the go-ahead from the government to proceed. And while some interest groups continue to press the case against Chalillo, the company is in the process of going forward.
Lynn Young "If everything goes as scheduled, towards the end of 2003 the dam could be finished and then the following year, we could have in the powerhouse at the foot of the dam."
Reporting for News 5, I am Janelle Chanona. Geologist Brian Holland is also a director of the Belize Zoo, one of the organisations leading the fight against Chalillo.
CHALILLO DAM
Dear Paul;
Please take note of our objection to the proposed Chalillo Dam project. It is not sound economically and will destroy a natural treasure of Belize. I have been there to see the location and can vouch for the pristine wilderness and critical wildlife habitats that abound there.
Thanks,
Matthew Miller Monkey Bay Wildlife Sanctuary Belmopan
182 Against Building The Dam
D. Dear Mr. Rodriguez,
I am a zoology Professor at the University of California, Davis, USA who has been working out of the Las Cuevas Research Station in the Chiquibul Forest Reserve in Cayo District for the last 3 years. I have been trying to understand whether high-profile species are useful in protecting other aspects biodiversity. For this research, I have had to learn about the habitat requirements of number of Belizean large mammals and, to a lesser extent birds.
My research has shown that many of these species have enormous home ranges in the Chiquibul Forest Reserve suggesting that disturbance of a portion of the habitat will adversely influence a larger number of individuals of these high profile species than we previously thought. Specifically, building the Chalillo Dam on the Macal River will not only be detrimental to mammalian species requiring flowing water such as tapirs (as you know, the National mammal of Belize) but will also affect movement patterns of wide ranging species such as jaguars, pumas and peccaries. Biologists know that displaced animals are not able to squeeze into the ranges of others members of their species; instead population sizes will be reduced by an unknown degree. Many of these species are vulnerable or endangered (e.g., scarlet macaw, tapir etc). Thus it is incorrect to suggest, as some have done, that the dam will have no detrimental effect on wildlife populations.
In passing, I should add that building new roads in the Chiquibul will open up hitherto pristine parts of the area. Although my research does not address the issue of roads, it is now widely accepted that roads allow illegal hunters and sometimes squatters easy access to areas that they would not otherwise visit. Thus access to the dam site will undoubtedly increase hunting and perhaps other pressures on the area in the long term.
On the basis of this information, I very much hope that the backers of the Chalillo Dam project will pull out and the project be cancelled. It will not only open up one of the last wilderness areas in Central America, and there are precious few left, but it will have a serious and adverse impact
183 on high-profile species in a country noted for its forward thinking views towards conservation.
Yours sincerely,
Professor Tim Caro Tim Caro Professor, Department of Wildlife, Fish and Conservation Biology
Dear Mr. Rodriguez:
Thank you for your communication dated 13 December, FOCUS ON CHALILLO DAM. I appreciate the opportunity to contribute to your request. My objections to the Chalillo Dam can be summarized as follows:
1. Economically, I believe this to be a bad situation for Belize. Fortis, Inc now charges Belizeans 3 times more for electricity than the average in Canada. There has never been any substantial data supporting that Chalillo Dam would decrease energy rates. Stanley Marshall has declined to comment on the future of energy prices in Belize. Fortis has a "priority dispatch" agreement in Belize meaning that ratepayers must purchase energy from Fortis before any other energy option. They can charge whatever they want and pass over cheaper options due to their current agreement.
2. Belize pays over $2.6 million USD annually to Fortis. This is a drain on our foreign exchange. Fortis pays no taxes to Belize. Chalillo Dam, if constructed, would see more drain on foreign exchange. A bad situation for our country.
3. Harm to people living downstream of the proposed Chalillo Dam. I believe this factor to be one of the most frightening attached to this development scheme. Not only would water quality decrease, as stated in the proponent's own Environmental Impact Assessment, EIA, making use of the Macal river not possible for San Ignacio residents, but recent information about the geology where the dam would be constructed reflects an extremely potential dangerous situation. Whereas Fortis consultants have stated that the dam would be built upon "granites", there are, in fact, no granites in this area. The rocks are sandstones. The sandstone base is not a continuous one, therefore indicating that the foundation would be a weak one. Should a major storm target this area and major floods occur, a dam break may follow. Should this happen, lives would be at serious risk. This must be considered. In addition, a major fault occurs just one kilometer west of the proposed dam site.
184 Should earthquake activity occur, the dam would be put at great risk. Again, also threatening the lives of people downstream if a dam break should occur.
4. Loss of biodiversity. Belize is poised to take advantage of its rich natural resources, promoting its natural heritage and heralding this to the world. The nature-based tourism industry is our greatest GNP earner. Crippling the resources by building Chalillo Dam undermines the efforts being made to set this country on a firm and sound course for a healthy economic future. Rare and endangered species live in this river valley. There are less than 200 Scarlet Macaws remaining in Belize and they play a significant role in the ecotourism profile of this country. Destroying their principal breeding grounds by flooding from Chalillo Dam would likely cause extirpation of this sub-species in Belize. This is also stated in the report lodged by the Natural History Museum, London. Eliminating the over wintering grounds for migratory bird species would also occur with the building of this dam; important range territory for the Jaguar would be eliminated. Our national animal, the Central American Tapir, would see its populations reduced, as the riverine habitat provides sustenance for this Endangered species. Belizeans are proud of their natural heritage. Wasting it for a project so deficient is not a good strategy for the profile of this country.
Mr. Rodriquez: The above 4 points are a concise address of my concerns. I thank you for this opportunity and look forward to seeing the report which results from your good work. Best wishes for a pleasant New Year.
Sharon Matola
CHALILLO DAM
Dear Mr. Ombudsman:
We wish to register our opposition to the construction of the Chalillo Dam for the following reasons.
1. Neither BEl or Fortis has been able to guarantee a reduction in the cost of energy to the consumer.
2. The efforts of BEL/Fortis should be directed to the co-generation from bagasse. This would ensure that 10,000 jobs for the cane farmers in the north would be secured.
3. The construction of the dam would result in irreparable loss to wildlife habitat, and archaeological sites.
185
4. The hiring of so called environmentalists to speak in favor of the dam, and the compromising of NGO"s such as Audobon Society has left a bad taste in the mouths of many Belizeans.
5. The decision to construct a dam has been taken by a few Belizeans with highly suspiscious agendas, and a foreign conglomerate who stands to profit at the expense of our habitat and heritage. Sincerely Louis and Maria Elena Sylvestre, Honorary Consul for the Russian Republic
Dear Sir,
FOCUS ON THE CHALILLO DAM – YOUR REFERENCE CD/POOMB/2001
I refer to your letter of 7th January.
Belize Water Services has interests in both the cost of electricity and the maintenance of the quality of the water resources of Belize.
Whilst the proposed Chalillo dam may well have an impact of both of the above interests, we do not believe that we are adequately informed to make a valuable contribution to your database of considerations.
For a project such as that proposed for Chalillo, one would hope that the global case in favour of proceeding would have to be overwhelming before serious consideration would be given to commencing work. The fact that you are collecting data suggests that the case is far from proven.
May I wish your fact finding project success and trust that it will fuel more informed debate before irrecoverable decisions are taken.
Yours faithfully,
Jim Cooper, CEO, Belize Water Services
186 SPEAKING OF HEROES
3. Without Religion, Without History, Without Myths and Legends, Without Heroes and Saints a People Will Die
The Ombudsman has spearheaded a fundraising drive to benefit the pregnant widow and three children of Corporal Fernando Rosado. Beyond the call of assigned duties, he approached fugitives who were wanted for questioning in connection with two murders. He himself was gunned down as he appealed to them to surrender. He died on 22nd December, 2001.
May the memory of his heroic dedication to duty always be remembered amongst us.
Ref FFR/HWOMB/2002
14 January 2002
Mr. H. Williams Commissioner of Police, Police Headquarters Belmopan, Belize
Dear Commissioner:
RE: FUND FOR CPL. F. ROSADO
The Ombudsman trusts that it meets your approval to initiate a fund to assist the window and children of the late Corporal Fernando Rosado. Because he was your officer, once the initiative is underway, the Ombudsman would like to turn over the project to your good self. Of course, I would continue to support it in whatever way I can to bring it to a successful conclusion that would be reached
187 when you deliver the proceeds to the wife of the deceased officer. I would appreciate your reaction as quickly as possible.
Respectfully,
Paul Rodriguez (Ombudsman)
Cc. Hon. Max Samuels All Media
Ref 609/OEOMB/2002
6 February 2002
Mr. Omar Espejo Manager, Barclays Bank 21 Albert Street Belize City, Belize
Dear Sir:
RE: THE CPL. FERNANDO ROSADO FUND
The Ombudsman would like to start and spearhead a fund to benefit the wife and children of the deceased who was killed in the line of duty.
Could you kindly assign an account number and do whatever else is necessary to cause this fund to be established.
Or, if there are certain requirements that need to be done by the person establishing the fund, I would appreciate your informing me of the same.
Respectfully,
Paul Rodriguez (Ombudsman)
188 Ref 609/DHOMB/2002
25 February 2002
Ms. Dawn Henry Principal, Gwen Lizarraga High School Antelope Street Belize City, Belize
Dear Ms. Henry,
RE: CPL. FERNANDO ROSADO FUND
Cpl. Rosado, who in the line of duty died when he was shot three times at close range, left three children and a pregnant wife. The Ombudsman considers him a hero who put his life on the line. Therefore we believe that something should be done by Belizeans and friends of Belize to show our appreciation for him and all that he stood for: peaceableness, law and order.
However, we can no longer show it to him, being deceased; so perhaps helping his family who have been adversely affected by his untimely removal from among us is the next best thing to do.
I am therefore requesting that you and the Embassy staff help a good cause by making a contribution to this fund.
Kindly send your cheque to Account No 75-4531444 at Barclay’s Bank, Belize City.
With thanks!
Sincerely,
Paul Rodriguez (Ombudsman)
189 ALCANZANDO A LOS HISPANO PARLANTES
EL OMBUDSMAN Y LA SOCIEDAD
El texto siguiente es una critica del papel del Ombudsman de Belice que fue preparada por la oficina de la Comision de Derechos Humanos de Belice y presentada anteriormente en EL DESAFIO DE LA INDEPENDENCIA, publicacion de 2001 de CODEHUCA.
111. El Ombudsman y la sociedad
En este capítulo referiremos la opinan de voceros de las principales organizaciones de la Sociedad Civil sobre el trabajo de la Procuraduría de Derechos Humanos y su titular.
1. Las observaciones por parte de la Coordinadora General de Organizaciones No Governamentales – ANDA,son; El Ombudsman es activo en determinadas áreas de trabajo. Algunos temas de cierta importancia no han sido tratados, pudiera ser que por las connotaciones políticas del asunto. Como ejemplo, podemos citar los recientes disturbios ocurridos en Orange Walk durante los cuales la multitud comenzó a lanzar piedras contra la policía, la cual reaccionó lanzando gases. La sociedad Civil Interpreta esta reacción como un síntoma de la impotencia de la gente, la cual ya no encuentra otra forma de reclamar sus derechos más que mediante el uso de la fuerza. Se requiere que el Ombudsman de más información sobre el trabajo que realiza públicamente. Los casos que realmente tienen una envergadura social no han sido abordados. Se aborda el problema relativo a su dependencia gubernamental frente a determinadas cuestiones sociales susceptibles de violación de garantías constitucionales. Por su parte el Ombudsman cuando se le refiere tal deficiencia argumenta que su función no es la de realizar el trabajo de la oposición política.
2. Organizaciones relacionadas a la defensa del menor plantearon que recientemente han tenido una fructífera colaboración con la oficina del Ombudsman. Consideran que: La atención recibida es excellente Se ha realizado un especial esfuerzo por acudir a las reuniones.
190 Se ha proporcionado asesoramiento legal y social en los casos que procedía. Se han realizado salidas por parte de la Defensoría con el propósito de realizar una función investigadora. Se ha mantenido un contacto frecuente con las personas afectadas.
Por parte de la HRCB, organización encargada de la elaboración del presente informe, hemos considerado también emitir nuestras consideraciones. En términos generales, consideramos que las deficiencias pueden provenir tanto de un imperativo legal, por un aspecto de organización, por una limitación de recursos así como por una mera cuestión de limitación política.
DEFICIENCIAS
En algunos estados se reconoce la posibilidad de formular recursos ante la jurisdicción ordinaria sobre quejas presentadas, conceptualmente implicaría que el Estado se demandara así mismo. Por otro lado es cada vez más frecuente los contenciosos sobre cuestiones de competencia entre diferentes entidades del Estado así como el ordinario procesamiento de funcionarios públicos por delitos como el prevaricato y el cohecho.
1. Problemas Organizativas y de Presupuesto:
El número limitado de recursos implica que en la oficina tan solo se encuentren trabajando tres personas de una manera permanente por lo que:
. No se puede diversificar el número de actividades que se pueden realizar como las educativas o asesoramiento o cooperación legal. . La oficina carece de abogados que puedan asesorar, desde nuestro punto de vista el investigador de la oficina el Sr. Castillo merecería obtener una beca para poder cumplimentar sus estudios (en la actualidad es paralegal) en derecho, ya que demuestra una alta vocación y dedicación. . Se recomienda la apertura de una cuenta de correo electrónico para mejorar las comunicaciones de la oficina la cual tan solo atiende por vía personal, teléfono o fax. . Se carece de una biblioteca de documentación apropiada. . Sería bueno que la oficina dispusiera de un vehículo adicional al único que tienen.
191
2. Limitación Política:
El cargo de Ombudsman es elegido por la Asamblea Nacional por lo que su independencia en ocasiones se encuentra en entredicho. Hasta el momento la oficina del Ombudsman no ha entrado a estudiar las violaciones importantes de derechos humanos que afectan a cuestiones políticas. El ombudsman alega que su función no es realizar el trabajo de la oposición. Las relaciones personales deben subordinarse a las responsabilidades por posibles violaciones a los derechos fundamentales de la persona. No se han desarrollado plenamente todas las potestades de la entidad , a título de ejemplo podemos mencionar que en cierto caso se pidió realizar una auditoría del departamento de tierras debido a las numerosas irregularidades registradas en tal organismo, la contestación del mismo fue de oponerse a tal actividad, el Ombudsman dejó de ejercer la facultad que le confiere la ley respecto a la posibilidad de que el Tribunal Supremo aclare sus facultades.
Aspectos Positivos:
1. El carisma, talento y extrema dedicación del Ombudsman y sus subordinados. 2. La organización existente con la escasez de recursos existentes. 3. La dedicación mostrada ante problemáticas sociales. 4. La postura de directa oposición frente a ciertos cargos públicos como el fiscal general. 5. La atención mostrada por el personal de la oficina. 6. Las labores de mediación realizadas en ciertos casos.
192 7. La lucha mantenida contra un sistema legal sin ningún desarrollo de los principios constitucionales.
1V. Recomendaciones y conclusiones
Con base en la informacion recopilada y con base en una entrevista que se tuvo con el Procurador, se plantean una serie de recomendaciones a nivel interno, nacional (Congreso) e Internacional (Agencias de Cooperacion).
1. Concesión de becas para que el personal perfeccione su formación jurídica. 2. Ampliación de sus potestades legislativas, en especial respecto a la posibilidad de planteamiento de cuestiones de inconstitucionalidad. 3. Fomentar una mayor independencia de la institución al margen de sentimientos personales. 4. Mayor financiamiento, para adquirir documentación y un nuevo vehículo. 5. Contratación de nuevo personal que realice funciones formativas y de divulgación. 6. Mayor atención y respeto de la institución por parte de ciertos cargos o instituciones públicas. 7. Formación de lengua hispana para los empleados de la oficina. 8. Reconocimiento Constitucional de la Institución. 9. Oficina con mayores espacios de trabajo.
NECESITA AYUDA?
EL OMBUDSMAN QUIZA PUEDA AYUDARLE SI PIENSA QUE USTED HA SIDO
193 TRATADO INJUSTAMENTE POR CUALQUIER AUTORIDAD DE GOBIERNO
Publicado por el Ombudsman de Belice
Impreso en Belice por Impresoras Gubernamentales
QUE ES UN OMBUDSMAN?
Un Ombudsman es un Comisionado Parlamentario independiente nombrado por el Gobernador-General actuando de acuerdo con recomendaciones de ambas Cámaras de la Asamblea Nacional.
CON QUE ASUNTOS TRATA EL OMBUDSMAN?
El Ombudsman investiga quejas hechas por cualquier persona o conjunto de personas quienes dicen haber experimentadio injusticia, agravio, o abuso (incluyendo cualquier acto de falta de cortesía o negativa a actuar, o cualquier acto motivado por discriminación basado en religión, idioma, raza, color o credo), o quien dice que una autoridad ha sido culpable de corrupción u otra fechoría o maldad.
194 Quejas solo serán recibidas por el Ombudsman con respecto a las siguientes autoridades gubernamentales:
- Un Ministerio, departamento o agencia de Gobierno - La Fuerza de Defensa de Belice - Un Ayuntamiento o Junta Municipal - Otros organismos legales o autoridades, incluyendo cualquier empresa en la cual el gobierno o agencia de gobierno sea propietario del no menos de 51%
COMO PUEDE AYUDAR EL OMBUDSMAN?
El Ombudsman investiga las circumstancias dando lugar a la queja para así poder establecer los hechos. Habiendo logrado esto, él forma su opinión independiente, e informa al oficial principal de la autoridad correspondiente acerca del resultado de la investigación, y puede, según lo vea necesario hacer recomendaciones para que se tome acción dentro de un período específico.
Si no se toma acción dentro del tiempo específico, o dentro de un tiempo razonable, el Ombudsman enviará un reporte especial a la Asamblea Nacional. Mientras que éste es el alcance de los poderes del Ombudsman para hacer valer una recomendación, la mayoría de sus recomendaciones generalmente tienen buena posibilidad de ser aceptadas.
Muchas quejas son resueltas a la satisfacción de todos antes que surja la necesidad de una recomendación formal.
En algunos casos, particularmente quejas acerca de retrasos, el Ombudsman puede ser capáz de resolver el asunto informal y rápidamente.
OCASIONES EN QUE EL OMBUDSMAN NO PUEDE AYUDAR.
El Ombudsman no puede investigar quejas acerca de:
195 1. El inicio o conducta de procedimientos civiles o criminales en cualquier corte de ley en Belice o ante cualquier corte internacional o tribunal.
2. Cualquier acción tomada con respecto a órdenes o directrices a la Fuerza de Defensa de Belice o sus miembros, o cualquier procedimiento bajo el Acta de Defensa.
3. Acción tomada por el Ministro responsable por asuntos externos relacionados a la extradición de una persona.
4. Cualquier decisión o acción por parte del Gobernador-General o la Comisión de Servicios Públicos relacionados al nombramiento, remoción o control diciplinario de cualquier persona.
5. La concesión de honores, condecoraciones y privilegios bajo el Acta Nacional de Honores y Condecoraciones.(No. 22 de 1991)
6. Cualquier asunto que afecta la seguridad relaciones externas de Belice.
7. Cualquier asunto implicando las acciones de cualquier organisación del sector privado.
PUEDE UN OMBUDSMAN NEGARSE A TRATAR CON ALGUNA QUEJA?
El Ombudsman puede negarse a investigar cuando:
En su opinión la persona debiera primero tratar de resolver el asunto directamente con la autoridad correspondiente. Muchas veces quejas pueden resolverse de esta manera sin que surga la necesidad de que intervenga el Ombudsman.
La persona tiene a su alcance un remedio alterno razonable dentro de los límites de la ley.
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El demandante ha aplazado por mucho tiempo presentar la queja ante el Ombudsman.
La queja es considerada trivial, o frívola, fastidiosa o no hecha de buena fé.
Se considere que la persona no tiene suficiente interés personal en la queja.
Teniendo en cuenta las circumstancias de la queja, no sea necesaria ninguna investigación o mas investigación.
COMO PUEDO PRESENTAR UNA QUEJA?
Sencillamente ponga por escrito: –
lo que usted cree que se ha hecho mal
lo que le ha sucedido a usted como resultado
lo que usted cree debe de hacerse para enderezar el asunto
el nombre de la autoridad correspondiente
el nombre, dirección y número telefónico donde se le pueda contactar a usted
Y envíe esto, junto con toda la correspondencia relevante, al Ombudsman. La dirección se halla en la última página de este folleto.
Si usted desea conversar con alguien acerca de su queja antes de ponerla por escrito o si tiene dificultad en poner el asunto por escrito, llame o visite la oficina del Ombudsman y solicite ayuda.
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CUANTO COSTARA?
Ni un solo centavo. No hay cobro por presentar una queja.
MANERA EN LA QUE SE PROCESA UNA QUEJA
Se recibe carta de queja en la oficina del Ombudsman
Carta reconociendo recibo es enviada al demandante
El Ombudsman repasa la queja para determinar si es un asunto que puede ser investigado, y siendo así el caso, atravéz de cual oficina puede ser manejada la queja.
Si el Ombudsman decide investigar la queja los documentos son referidos al oficial de investigación identificado en la carta de reconocimiento.
Si el Ombudsman decide no investigar la queja, se le avisará por escrito al demandante en cuanto a las razones por las cuales el asunto no puede ser examinado por el Ombudsman. También se le avisará al demandante de posibles remedios alternos disponibles.
198 Aviso de Aviso de investigación investigación enviado al departamento enviado al demandante u organisación correspondiente.
Reporte e información recibida del departamento u organisación.
Material asesorado por oficial investigador y el Ombudsman y se obtiene mas información según sea necesario.
Atravéz de todo el proceso de investigación al demandante se le mantiene informado del progreso.
El Ombudsman se forma su punto de vista profesional
(a) Queja es sostenida (b) Queja no es sostenida
Se le avisa al departamento al departamento u organisación y se le invita a comentar sobre los hallazgos.
Se le avisa al demandante y se le invita a comentar sobre los hallazgos
199 Se reciben y se consideran Se reciben y consideran comentarios comentarios
Después de considerar los comentarios recibidos, el Ombudsman forma una opinión final en cuanto a la queja y avisa al demandante y el departamento u organisación correspondientes.
OMBUDSMAN
La Oficina del Ombudsman se encuentra localizada en:
56 Regent Street Belize City
Teléfono:
Oficina: (02) 70967 (02) 70985
Después de horas normales de trabajo:
Las horas de trabajo son:
9:00 am - 1:00 pm 2:00 pm - 5:00 pm
Número de fax: (02) 70967
Paul Rodriguez Ombudsman
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